IN THE STATE COMMISSION: DELHI

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

           Date of decision: 10.09.2014

First Appeal-819/2014

Baleswar

S/o Sh. Sub Narayan

R/o N-71/A-5, Purani Chandrawal

Delhi                                                                          …………..Appellant

VERSUS

Sant Parmanand Hospital,

]18, Shamnanth Marg, Civil Lines

Delhi-110054.

Through the Medical Supdt.                                           …….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. 228/2013, Baleswar Vs Sant Parmanand Hospital, filed before District Forum (North) Tis Hazari, Delhi the Complainant absented himself on 16.07.2014, 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 Sh. Yash Chandel, counsel for the appellant in this appeal at the admission stage as there is no need to hear the respondent.

4)          The complainant’s submission is that the case was fixed for final arguments on 10.07.2014 and due to some personal reasons he could not appear before the District Forum thinking that order may not be dismissed at the stage of final arguments or may be decided on merits as the pleadings were completed and written arguments were also filed by the parties. In support of his version appellant has filed an 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 present their case before the Forum, and the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dt. 16.07.2014 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 issuing notice to the opposite parties.  The Appellant Complainant is directed to appear before the District Forum- II, Qutub Institutional Area, New Delhi on 10.10.2014.  

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

(Justice Veena Birbal)

President

(Salma Noor)

Presiding Member

(N P Kaushik)

Member (Judicial)