IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 12.08.2014
First Appeal – 728/2014
Kavita,
W/o Sh. Rajesh Kumar,
R/o House No. 101, MIG, DDA Flats,
Sector-A-10, Pocket-6,
Narela, Delhi.
………Appellant
Vs
- Muthoot Fincorp Limited,
D.No.29, Ground Floor,
Netaji Subhash Marg,
Near Golcha Cinema,
Daryaganj, New Delhi.
Through its Branch Manager
- Muthoot Fincorp Limited,
Ground Floor, D.No. 137,
Block and Pkt.22,
Sector-3, Rohini, Delhi.
Through its Branch Manager
- Muthoot Fincorp Limited,
Muthoot Pappachan Group,
Muthoot Centre,
Punnen Road,
Tiruvanthapuram.
……..Respondents
CORAM
Salma Noor, Presiding Member
NP Kaushik, Member(Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
Salma Noor, Presiding Member
1. In a complaint case bearing No.85/2013 Kavita vs Muthoot Fincorp Ltd. filed before District Forum(North), Tis Hazari, Delhi on 04.02.2014, the Complainant was not present and the Forum dismissed the complaint in complainant’s default.
2. That is what brings the Appellant in appeal before this Commission.
3. We have heard Ms Kavita, Appellant present in person at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant is that due to some communication gap, she noted down the next date of hearing as 14.02.2014 in place of 04.02.2014. Therefore, she could not appear on 04.2.2014 and the District Forum dismissed the complaint in Complainant’s default. In support of her contention, the Appellant has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the appellant. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case and the matter be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 04.02.2014 in question, and remand the case back to District Forum(North), Tis Hazari, Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law. Ld. District Forum shall issue notice to the OP before proceeding further in the matter. The Appellant/ Complainant is directed to appear before the District Forum(North), Tis Hazari, Delhi on 10.11.14.
5. A copy of this order be sent to District Forum(North), Tis Hazari, Delhi to keep it on complaint file and for compliance.
