IN THE STATE COMMISSION :DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                                                                 Date of Decision: 22.07.2014

First Appeal – 648/2014

Shri Arvind Kumar Garg,

S/o Late Shri Atma Ram Garg,

66-B, Khan Market, New Delhi.

………Appellant

Vs

Omaxe Limited,

Through its Commercial Manager/Project Manager,

Regd. Office 7, Local Shopping Centre,

Kalkaji, New Delhi-110019.

……..Respondent

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.249/11 Arvind Kumar Garg vs Omaxe Ltd. filed before District Forum (X), Qutab Institutional Area, New Delhi on 22.05.2014, the Complainant was not present and the Forum dismissed the complaint in complainant’s default. 

2.      That is what brings the Complainant/Appellant in appeal before this Commission. 

3.     We have heard Sh. Sanjeev Kumar, Proxy of Shri O.P. Gupta, 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 on 22.5.14, his Counsel reached the District Forum little bit late and by that time, the case was dismissed in default by the District Forum. In support of his version, the Complainant had 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 22.5.2014 in question, and remand the case back to District Forum District Forum (X), Qutab Institutional Area, New Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law.  The Appellant/ Complainant is directed to appear before the District Forum District Forum (X), Qutab Institutional Area, New Delhi on 12.11.14.

5.   A copy of this order be sent to District Forum (X), Qutab, New Delhi to keep it on complaint file and for compliance.