IN THE STATE COMMISSION: DELHI

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

           Date of decision: 03.09.2014

First Appeal-28/2014

Sh. Anurag Gupta

S/o Sh. Om Prakash

R/o M-2, First Floor,

Janta House EXTN.

Mukherjee Nagar

Delhi-110009.                                                                   ....Appellant

VERSUS

1.   M/s Oriental Insurance Company Ltd.

      Regd. Office ‘Oriental House’

      A-25/27, Asaf Ali Road,

      New Delhi-110002.

      Through Its Manager

2.   M/s Gautam Auto Pvt. Ltd.

      B-81, G.T. Karnal Road,

      Industrial Area, Rana Pratap,

      Delhi-110033.

      Through Its Manager                                               …….Respondent

CORAM

Justice Veena Birbal, President

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. 205/2013, Anurag Gupta Vs Oriental Insurance Company, filed before District Forum North Civil Supply Building, Tis Hazari, Delhi the Complainant absented himself on, 10.12.2013 the date fixed for hearing, 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, Counsel for the complainant in this appeal at the admission stage.

4)         The version of the Complainant/appellant is that his counsel could not appeared before the Forum on 10.12.2013 for two reasons, first counsel’s father was ill and second the most important that the complainant’s marriage was fixed on the first weeks of December in Jhansi. To support his version the complaint has filed his own 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 the law to stifle to contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parities may have an opportunity to present their case before the Forum, and the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dt. 10.12.2013 in question, and remand the case back to District Forum North Civil Supply Building, Tis Hazari, Delhi with a direction to restore the complaint to its original number, and to further proceed in the case according to law, the Appellant Complainant is directed to appear before the District Forum North Civil Supply Building, Tis Hazari, Delhi.  

5)              A copy of this order be sent to District Forum North Civil Supply Building, Tis Hazari, Delhi to keep it on complaint file and for compliance.

(Justice Veena Birbal)

President

(Salma Noor)

Presiding Member

(N P Kaushik)

Member (Judicial)