Smt. Shobha Anand Mohatta

Address:

6/7, Ratnakar Building,

Narayan Dabholkar Road,

Malabar Hill,

Mumbai-400006                                                            ……Appellant

VERSUS

1. New Delhi Municipal Council

    Through Its Chairperson

     Palika Kendra

     Sansad Marg,

     New Delhi-110001

2.  Accounts Officer

     Room No. 1001

     Palika Kendra

     Shahid Bhagat Singh Place

     Gole Market

     New Delhi-110001                                                 …….Respondents

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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. 952/11 Smt. Shobha Anand Vs New Delhi Municipal Council filed before District Forum, Vikas Bhawan, I.P. Estate, New Delhi the Complainant absented himself on 15.07.2014, the date fixed for hearing, and the Forum dismissed the complaint in complainant’s default. That is what brings the Complainant/ Appellant in appeal before this Commission.

2)       We have heard Ms. Ankita Bajpai, counsel for the Appellant and proxy counsel for the respondent counsel in this appeal at the admission stage. 

3)          It is stated by the appellant/complainant is that due to negligence of his earlier counsel case was dismissed in default by the District Forum. Appellant has filed her own affidavit in support of her statement. 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 the law to stifle to contest and wherever possible, under the circumstances a lenient view in this regard has been recommended. We therefore, allow the appeal setting aside the dismissal orders dt. 15.07.2014 in question, and remand the case back to District Forum, Vikas Bhawan, I.P. Estate, New Delhi with a direction to restore the complaint on its original number, and to further proceed in the case in accordance with law. Parties are directed to appear before the District Forum, Vikas Bhawan, I.P. Estate, New Delhi on 03.03.2015.  

5)              A copy of this order be sent to District Forum, Vikas Bhawan, I.P. Estate, New Delhi to keep it on complaint file and for compliance.