IN THE STATE COMMISSION :DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                                                                 Date of Decision: 20.5.2014

First Appeal – 364/2014

Akums Drugs & Pharmaceuticals Ltd.,

304, Mohan Place, L.S.C., Block-C,

Saraswati Vihar, Delhi-110034.

………Appellant

Vs

Nayyar Electronics City,

C-573, Saraswati Vihar,

Outer Ring Road, Delhi-110034.

……..Respondent

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.739/2011 Akums Drugs & Pharmaceuticals Ltd. vs. Nayyar Electronics City filed before District Forum, North West, Shalimar Bagh, Delhi on 18.03.2014, the Complainant was not present at the time of calling the case and the Forum dismissed the complaint in complainant’s default. 

2.       That is what brings the Complainant/appellant in appeal before this Commission. 

3.     We have heard Sh. Arvind K. Jha, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the Respondent.

4.   The complainant submits that on 18.03.2014 more than 150 cases were listed before the Forum and due to heavy rush, confusion was created.  He further submits that his authorised representative was present along with written arguments.  At 11.30 a.m. he enquired about his case but shocked to know that his case was already dismissed in default.  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 before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 18.03.2014 in question, and remand the case back to District Forum, North West, Shalimar Bagh, 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 West, Shalimar Bagh, Delhi on 5.8.2014.

5.   A copy of this order be sent to District Forum, North West, Shalimar Bagh, Delhi, to keep it on complaint file and for compliance.