IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 19.05.2014
First Appeal NO. 1205/2013
| - Go Air, Airlines (India) Pvt. Ltd.
Through its Manager Go Air Terminal 1D, IGIA Airport Palam, New Delhi – 110037 - Go Air, Airlines (India) Pvt. Ltd.
Through its Manager -
Worli, Mumbai - 400025 | .........Appellant |
VS
| Shri Sanjay Kumar Chadha C/o D-26, Lower Ground Floor Jaganpura Extension, New Delhi - 110014 | …...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
- In a complaint case bearing No.397/2012 Go Air, Airlines (India) Pvt. Ltd. Vs. Shri Sanjay Kumar Chadha filed before District Forum-VI, M Block, Vikas Bhawan, IP Estate, New Delhi OP was proceeded ex-parte by the District Forum on 09.09.2013 on account of non appearance of the Appellant/OP.
2. That is what brings the appellant/OP in appeal before this Commission for setting aside the ex-parte order against him.
3. We have heard Ms. Ila Haldia, Advocate, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the respondent/complainant.
4. The version of the appellant/OP for his non-appearance before the District Forum on 09.09.2014 is that the summons was received by them on 09.09.2014 itself and hence they could not appear before the Fourm on the said date. 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 before the Forum, and the matter may be decided on merit. We, therefore, allow the appeal setting aside the ex-parte orders dated 09.09.2013 subject to the payment of costs of Rs. 2000/- and remand the case back to the District Forum-VI, M Block, Vikas Bhawan, IP Estate, New Delhi with a direction that District Forum will take the written version on record and will proceed in the case according to law. The Appellant/OP is directed to appear before the District Forum-VI, M Block, Vikas Bhawan, IP Estate, New Delhi on the date already fixed.
6. Copy of this order be sent to District Forum-VI, M Block, Vikas Bhawan, IP Estate, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
