IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 21.08.2014
First Appeal – 761/2014
Shri Gaurav Malik,
S/o Sh. A.K. Malik,
R/o S-4, Jyoti Apartment,
Pitampura, Delhi-110034.
………Appellant
Vs
- Octagon Builders and Promoters (P) Ltd.,
H-218, Sector-63, Noida-201301
Through
Mr. Pradeep Aggarwal, Director
- Mr. Amit Gulati,
Partner – Siddhi Vinayak Realtors,
C-49, New Multan Nagar,
Paschim Vihar, New Delhi-110034.
- Mr. Rama Kant,
Partner – Siddhi Vinayak Realtors,
C-49, New Multan Nagar,
Paschim Vihar, New Delhi-110034.
……..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.85/2013 Gaurav Malik vs Octagon Builders and Promoters (P) Ltd. & Ors. filed before District Forum, Janakpuri, Delhi on 01.07.2014, the Complainant was not present and the Forum dismissed the complaint in complainant’s default.
2. That is what brings the Appellant in appeal before this Commission.
3. We have heard Shri Amit Tiwari, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant is that inadvertently the Counsel for the Complainant noted the next date of hearing as 21.7.14 in place of 01.07.14. Therefore, he could not appear on 01.7.14 and the District Forum dismissed the complaint in Complainant’s default. In support of his contention, the Appellant has filed an affidavit. 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 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 and the matter be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 01.07.2014 in question, and remand the case back to District Forum, Janakpuri, Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law. Ld. District Forum shall issue notice to the OP before proceeding further in the matter. The Appellant/ Complainant is directed to appear before the District Forum, Janakpuri, Delhi on 10.11.12.
5. A copy of this order be sent to District Forum, Janakpuri, Delhi to keep it on complaint file and for compliance.
