Date of Decision: 17.7.2014
First Appeal-512/2014
| Sukhbir Sharma r/o A-24, 1st Floor, Old Double Storey New Delhi-17 | .........Appellant |
VS
| - Next Retail India Ltd.
K-44, Lajpat Nagar Part-II, Central Market, New Delhi (through Mr. Vipul Bhardwaj) - Videocon Industries Ltd.
North Region Office, 45, Okhla Industrial Estate Phase-III, New Delhi-62 | ………...Respondents |
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. 11/12, titled as Sukhbir Sharma Vs. Next Retail India Ltd. pending before District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi, the Complainant had not put his appearance before the District Forum on 17.12.2013 and the Forum dismissed the complaint in complainant’s default.
3. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
4. We have heard Shri M.P. Thakur, Appellant in this appeal at the admission stage itself.
4. The appellant/complainant submits that due to personal difficulty he could not put his appearance before the Forum on 17.12.2013 and the Forum dismissed the complainant in complainant’s default.
5. We do not find any reason for not believing the version of the complainant/appellant. Policy of law is not to stile a contest. In such circumstances lenient view is required to be taken so as to allow the complaint and the matter may be decided on merit. We, therefore, allow the appeal setting aside the dismissal orders dated 17.12.2013 and remand the case back to District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi with a direction to restore the complaint to its original number, and to proceed in the case according to law. The Appellant Complainant is directed to appear before the District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi on 20.8.2014.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
