IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 9.7.2014
First Appeal – 466/2014
| Earth Infrastructures Ltd. Through its Authorized Representative Having its registered office at 26, -
| .........Appellant |
VS
| Neelam Aggarwal, W/o Sh. Ashwani Aggarwal, R/o H.No.C-83, UGF, Pandav Nagar, Delhi-91 | ………...Respondent |
CORAM
SALMA NOOR, 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 (Member)
1. In a complaint case bearing No.1247/2012 titled as Neelam Aggarwal Vs. Earth Infrastructures Ltd. , filed before District Consumer Disputes Redressal Forum-V, Phase, M Block, Vikas Bhawan, New Delhi, Opposite Parte (in short OP) had not put his appearance on 14.8.2013 , hence the OP was ordered to be proceeded ex-parte.
2. In the present appeal before this Commission, OP/Appellant has prayed for setting aside the orders dated 14.8.2013 passed by the District Forum.
3. We have heard Shri Sachin Sangwan, Advocate, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/OP for non-appearance on 14.8.2013 in the case before the Forum is that the Counsel who was defending his case left him in lurch. Due to person reason he went back to his home town and resettled there and did not come back, hence the default occurred and appellant was proceeded ex-parte due to non appearance.
5. We do not find any reason or not believing the version of the appellant/OP. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the OP to contest the case on merits. Order dated 14.8.2013 passed by the District Forum against the appellant/OP is set aside, subject to payment of cost of Rs.2,000/- which the OP will pay to the complainant on the next date, with the direction to the District Forum that they will allow the appellant/OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear, through his counsel, before the District Consumer Disputes Redressal Forum-V, Phase, M Block, Vikas Bhawan, New Delhi in this case on the date fixed.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum-V, Phase, M Block, Vikas Bhawan, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
