Date of Decision: 04.08.2014
First Appeal – 544/2014
Sheshank,
S/o Yashodhar Jain,
E-121, St. No.5,
Rajiv Gandhi Road,
Swaroop Nagar,
Delhi-110042.
……Appellant
Vs.
- Nayyar Television Pvt. Ltd.,
50-D, Kamla Nagar,
Delhi-110007.
- Voltas Ltd.,
-
Mohan Cooperative Industrial Estate,
New Delhi-110044.
- Powermat Electronics,
Shop No.32, Udaisingh Place,
Naharput, Sector-7,
Rohini, Delhi-110085.
……..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.111/2012 Sheshank vs Nayyar Television Pvt. Ltd. filed before District Forum(North), Tis Hazari, Delhi 17.01.2014 was fixed for final arguments, but due to non-appearance, the Forum proceeded ex-parte.
2. That is what brings the Appellant/OP in appeal before this Commission.
3. We have heard the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the Appellant/OP for his non-appearance on the date fixed is that he was busy in medical treatment of his father who is a patient of Kidneys Recycle Failures, Hyper Tension and Higher Diabetic Patient. In support of his contention, Appellant has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the appellant. Besides that 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 and the matter may be decided on merit. We therefore, allow the appeal setting aside the ex-arte orders dated 17.01.2014 in question, and remand the case back to District Forum(North), Tis Hazari, Delhi with a direction to the District Forum that they will decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum(North), Tis Hazari, Delhi on 8.9.14.
5. A copy of this order be sent to District Forum, South West, Sheikh Sarai, Delhi to keep it on complaint file and for compliance.
