IN THE STATE COMMISSION :DELHI

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

                         Date of Decision: 16.05.2014

First Appeal – 402/2014

Life Insurance Corporation of India,

Through its duly constituted attorney,

Manager (Legal & H.P.F.),

Divisional Office,1

25, Kasturba Gandhi Marg,

New Delhi.

…….Appellant

vs

P. Vaithia Lingam,

R/o C-619, J.J. Colony,

Khayala,

New Delhi-110018.

…….Respondent

CORAM

Salma Noor, Presiding 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, PRESIDING MEMBER

1.     In a complaint case bearing No.695/2012 P. Vaithia Lingam vs  L.I.C. of India filed before District Forum-VI, M-Block, Vikas Bhawan, New Delhi-110002, 7.02.2014 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 Abhishek Nanda, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the respondent.

4.   The version of the appellant/OP for his non appearance on 7.02.2014 is due to negligence of its Advocate on the date fixed. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellant.  Besides this, it has always been the consistent policy of the courts to   allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed.  Order dated 7.02.2014 passed by the District Forum against the appellant/OP is set aside with the direction to the District Forum that they will allow the appellant/OP to file the WS and evidence and decide the case after hearing both the parties.  The appellant is directed to appear, through his counsel, before the District Forum-VI, M-Block, Vikas Bhawan, New Delhi-110002 in this case on the date fixed before the Forum.

5.   Copy of this order be sent to District Forum-VI, M-Block, Vikas Bhawan, New Delhi-110002 for information and to keep it on record and compliance.