IN THE STATE COMMISSION: DELHI

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

           Date of decision: 02.09.2014

First Appeal- 575/2013

Nikhilesh Jain

S/o Sh. P.C. Jain

410, Gali No.2, Ganesh Nagar-II,

Shakarpur, Delhi-110092.                                                …..Appellant

VERSUS

1. Standard Charted Bank

Through Its Collection Manager (Auto Loan & Mileage Account)

3^rd Floor, Indian Express Building,

9-10, Bahadur, Shah Zafar Mrg, ITO, New Delhi

2. Standard Charted Bank

Through Its Manager (Auto Loan)

17, Sansad Marg, 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. 173/2009 Nikhilesh Jain Vs Standard Charted Bank, filed before District Forum North, Delhi the Complainant absented himself on 06.03.2012, 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 before the Forum is that

                                                                       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, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dt. 06.03.2012 in question, and remand the case back to District Forum North, Delhi with a direction to restore the complaint on 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 Delhi on 30.09.2014.  

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

(Salma Noor)

Presiding Member

(N P Kaushik)

Member (Judicial)