Date of Decision: 21.08.2014

First Appeal – 744/2014

M/s. Country Club India Ltd.,

Citi Square Mall,

2^nd Floor,

Rajouri Garden

Country Club (head office),

25, Community Centre,

East of Kailash,

New Delhi.

………Appellant

Vs

Sandhya Tekchandani,

W/o Shri Dheeraj Tekchandani,

R/o A-37, Shankar Garden,

Near Vikaspuri,

New Delhi-18.

                                                ……..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.730/2013 Sandhya Tekchandani vs M/s. Country Club India Ltd. filed before District Forum-III, New Delhi 1.7.2014 was fixed for filing evidence by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte. 

2.      That is what brings the Appellant/OP in appeal before this Commission.

3.     We have heard Shri Deepak Mittal, Counsel for the Appellant 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 the date fixed is that on the previous date, the Clerk of the Counsel for the Appellant noted the wrong date as 4.7.14 whereas it was 1.7.14 and the District Forum proceeded exparte against the Appellant on 1.7.14.  In support of his contention, Appellant 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 1.7.14 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 Forum-III, New Delhi with the direction that they will allow the Appellant/OP to file the evidence and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum-III, New Delhi on 16.9.14.

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