Date of decision: 03.09.2014

First Appeal- 1153/2013

Sh. Raju Kumar Singh

S/o Sh. Sujit Kumar Singh

R/o, C/o Chandgi Ram

Village & Post Chakkarpur

Gurgaon, Haryana                                                                 …Appellant

VERSUS

Reliance General Insurance

14-H, Hansala Building

14^th Floor, 15, Barakhamaba Road

New Delhi-110001.                                                        …….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. 700/2010, Raju Singh Vs Reliance Gen. Insurance, filed before District Forum M-Block, 1^st Floor, Vikas Bhawan, I.P. Estate, New Delhi the Complainant absented himself on 04.04.2013, 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 appellant in this appeal at the admission stage.

4)          The version of the Complainant appellant for his non appearance on 04.04.2013 before the Forum is that the counsel for the appellant inadvertently jolted down the wrong date as 09.09.2013 in place of 04.04.2013 and thus the default occurs. To support his version complaint 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 contest their case, and the matter may be decided on merits. We therefore, allow the appeal setting aside the dismissal orders dt. 04.04.2013 in question, and remand the case back to District Forum M-Block, 1^st Floor, Vikas Bhawan, I.P. Estate, New Delhi with the direction to restore the complaint on its original number, and to proceed further in the case with accordance to law. The Appellant Complainant is directed to appear before the District Forum M-Block, 1^st Floor, Vikas Bhawan, I.P. Estate, New Delhi on 14.10.2014.    

5)              A copy of this order be sent to District Forum M-Block, 1^st Floor, Vikas Bhawan, I.P. Estate, New Delhi to keep it on complaint file and for compliance.