Date of Decision: 17.7.2014
First Appeal - 260/14
| Mohd. Asif Malik S/o Mohd. Arif Malik R/o C-422/1, Gali No.12, North Ghonda Extn., Delhi-53 | .........Appellant |
VS
| Oriental Insurance Co. Ltd. 1896, chandni Chowk, Delhi-6 Through its Principal Officer District | ..........Respondent |
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. 830/2008, titled as Mohd. Asif Malik Vs. Oriental Insurance Co. Ltd. filed before District Forum (North), Tis Hazari, Delhi, the Complainant had not put his appearance before the District Forum on 29.1.2014 and the Forum dismissed the complaint in complainant’s default.
2. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
3. We have heard Shri A.R.Qureshi, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/Complainant for his non appearance before the Forum on 29.1.2014 is that the counsel who was representing his case before the Forum had gone to Australia to met his son and could not inform about the date to the appellant, hence default occurred and complaint was dismissed in complainant’s default.
5. 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 29.1.2014 and remand the case back to District Consumer Disputes Redressal Forum (North), Tis Hazari, 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 (North), Tis Hazari, Delhi, on 19.8.2014.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum (North), Tis Hazari, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
