Date of Decision: 27.3.2014
First Appeal – 747/2013
| Shri Ajay Kumar Jain S/o Sh.O.P. Goel A-681, Shastri Nagar, Delhi-110 052 | .........Appellant |
VS
| State Bank of India Through its Branch Mnager, E-2/234-235, Shastri Nagar, Delhi-110 052 | ………...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?
N P KAUSHIK, MEMBER (JUDICIAL)
1. In a complaint case bearing No. 52/2011, titled as Ajay Kumar Jain Vs. State Bank of India filed before District Consumer Redressal Forum (North), Tis Hazari, Delhi, the Complainant had not put his appearance before the Forum on 10.5.2013 and the Forum dismissed the complaint in complainant’s default.
2. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
3. We have heard Shri L.R. Goyal Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/Complainant for his non appearance before the Forum is that the date i.e. 10.5.2013 was fixed for orders, there was no occasion for the appellant/complainant to attend the court on 10.5.2013 and when the appellant/complainant enquired about his complaint on 13.5.2013 it was informed that the same was dismissed in default due to non-appearance of the appellant/complainant.
5. We do not find any reason for not believing the version of the complainant/appellant. Policy of law is not to stile a contest. In such circumstances lenient view is required to be taken so as to allow the complaint and the matter may be decided on merit. We, therefore, allow the appeal setting aside the dismissal orders dated 10.5.2013 and remand the case back to District Consumer Disputes Redressal Forum (North), Tis Hazari, Delhi, with a direction to restore the complaint to its original number, and to proceed in the case according to law. The Appellant Complainant is directed to appear before the (North), Tis Hazari, Delhi, Delhi, on 30.07.2014.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum (North), Tis Hazari, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
