Delhi

StateCommission

FA/12/490

DTDC - Complainant(s)

Versus

NUGEN SCIENTIFIC - Opp.Party(s)

18 Feb 2015

ORDER

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.857/2011 M/s. Nugen Scientific vs. The Regional Manager, DTDC filed before District Forum (East), Saini Enclave, Delhi 20.1.2012 was fixed for appearance of the OP when the OP did not appear and the Forum ordered to proceed ex-parte against the OP. 

 

2.   That is what brings the Appellant/OP in appeal before    this Commission for setting aside the said ex-parte order. 

 

3.   We have heard Shri Rajesh Sharma, Counsel for the Appellant and Shri Rajesh Sharma, Proprietor of the Respondent Company.

 

4.   It is stated by the Appellant’s Counsel that he was ex-parte before the Trial Forum and has not got any opportunity to contest the case and requested that the case may be remanded back to the District Forum.

5.   Proprietor of the Respondent Company also submits that he has no objection if the case is remanded back to the District Forum and be decided on merits.

6.   In view of the submissions made by the parties, case is remanded back to the District Forum for deciding the complaint on merits within six months after taking the WS and evidence of the appellant/OP on record.

7.   The parties are directed to appear before the District Forum (East), Saini Enclave, Delhi on 21.04.2015.

8.   Copy of this order be sent to District Forum (East), Saini Enclave, Delhi for information and to keep it on record and compliance.

9.   Appeal disposed off.

10.  FDR, if any, deposited by the appellant be released after completing due formalities.