IN THE STATE COMMISSION: DELHI
(Constituted under section 9 of the Consumer Protection Act, 1986)
Date of decision: 14.07.2014
First Appal No. 483/2014
1. Iffco Tokio General Insurance Co. Ltd.
Through Its Branch Manager/ Chief Manager
Office-34 Iffco House
Nehru Place, New Delhi
2. Iffco Tokio General Insurance Co. Ltd.
Through It’s Branch Manager
At 503, 5th Floor Agarwal Millenium Plaza
Netaji Subhash Place Delhi-110034
……Appellant
VERSUS
Parveen
S/o, Sh. Daya Nand
R/o H.NO. 17 Village Chandpur
Dabas Delhi- 81….Claimant
…….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. 899/13 Parveen Vs Iffco Tokio Gen. Ins. Co. Ltd. filed before District Consumer Forum North-West, Shalimar Bagh, Delhi 22.04.2014 was fixed for filing WS by the OP/Appellant, but due to non-appearance, the Forum proceed ex-parte against OP/Appellant. Aggrieved by the ex-parte order of the District Forum the Appellant/OP filed this appeal.
2) We have heard Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
3) The version of the appellant OP for his non appearance on 22.04.2014 before the District Forum is that due to traffic jam he could not reach the Forum and the default occurred. To support his version he has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the Appellant. Besides, that 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 before the Forum, so that the matter may be decided on merit. We therefore allow the appeal setting aside the ex-parte orders dated 22.04.2014 in question, subject to payment of costs of Rs. 2,000/- which the OP will pay to the Complainant on the next date. The case is remanded back to the District Consumer Forum North-West, Shalimar Bagh, Delhi with the direction that they will allow the Appellant/OP to file the WS and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Consumer Forum- North-West, Shalimar Bagh, Delhi on the date fixed.
4) A copy of this order be sent to District Consumer Forum, North-West, Shalimar Bagh, Delhi for information and to keep it on record and compliance.
