Date of Decision: 24.07.2014

First Appeal – 27/2014

Oriental Insurance Co. Ltd.,

Having its divisional office at

G-8, Hauz Khas Market,

Delhi-110016.

………Appellant

Vs

Pooja Enterprises,

F-15/A, Jindal Complex,

Subhash Chowk, Laxmi Nagar,

Delhi-110092.

……..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.468/2006 Pooja Enterprises vs OIC filed before District Forum (North),Tis Hazari, Delhi on 9.12.2013, 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. P.N. Singh, Counsel for the  Appellant at the admission stage as there is no need to hear the Respondent.

4.        The submission of the appellant/complainant for his non-appearance before the District Forum on the date fixed is that his Counsel was busy in the National Commission in the case titled as “Prakash Basant Angare vs SBI Life Insurance Company”.  After attending the case, when he reached to the District Forum, the case was already dismissed in default.   In support of his contention, the appellant has filed an affidavit of his Divisional Manager. 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 9.12.2013 in question, and remand the case back to District Forum(North),Tis Hazari, Delhi with a direction to restore the complaint on its original number, and to further proceed in the case with accordance to law making notice to the opposite party.  The Appellant/ Complainant is directed to appear before the District Forum(North), Tis Hazari, Delhi on the date fixed.

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