IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 16.05.2014
RP–17/2014
| Shri Natha Mal Aggarwal, Son of Shri Lachhi Ram, 1954-A, Khera Gangwar, Kosikalan, Mathura, UP. | .........APPELLANT |
VS
| National Insurance Co. Ltd., Through Branch Manager office at 1566/3, Church Road, Kashmere Gate, Delhi. | ……………....RESPONDENT |
CORAM
Salma Noor, Presiding Member
N P 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.123/2008 Natha Mal Aggarwal vs. National Insurance Co. Ltd. filed before District Forum, North, Tis Hazari, Delhi, the Complainant absented himself on 24.7.2013, the date fixed for hearing, and the Forum dismissed the complaint in complainant’s default.
2. That is what brings the Appellant/Complainant in appeal before this Commission.
3. We have heard Shri A.K. Upadhyay, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the respondent.
4. The version of the appellant/complainant for his non appearance on 24.7.2013 is that the counsel was ill on account of Rheumatoid Arthritis and due to this reason, he could not appeared before the District Forum. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellant. Besides this, it has always been the consistent policy of the courts to allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed. We therefore, allow the appeal setting aside the dismissal orders dated 24.7.2013 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. The Appellant/Complainant is directed to appear before the District Forum, North, Tis Hazari, Delhi on 4.8.2014.
5. Copy of this order be sent to District Forum, North, Tis Hazari, Delhi for information and to keep it on record and compliance.
