IN THE STATE COMMISSION: DELHI

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

           Date of decision: 26.08.2014

First Appeal- 628/2014

Sh. Neeraj Sharma,

Proprietor of M/s Silver Stone,

133, Sarojini Nagar Market

New Delhi                                                                        …..Appellant

VERSUS

1. Mr. Harjinder Singh Lamba,

    Son of Sh. Inderjeet Singh,

    R/o C-2C/208, Pocket 2, Janakpuri,

    New Delhi-110058. 

2. Dreamland Promoters & Consultant Pvt. Ltd.

    3A, 3^rd Floor, Uppal’s M-6, Plaza,

    Jasola District Centre, New Delhi-110025.                    …….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?

N P Kaushik, Member (Judicial)

1)          In a complaint case bearing No. 514/2014 Neeraj Sharma Vs Mr. Harjinder Singh Lamba filed before the District Forum-II, Udyog Sadan, C-22/23, Qutub Institutional Area, Meherauli, New Delhi, dated 23.04.2014 was fixed for appearance of the OP when the District Forum ordered to proceed against him ex-parte. That is what brings the appellant/OP to appear before this Commission for setting aside the said ex-parte order.

2)    We have heard the counsel for the appellant in this appeal at the admission stage as there was no need to hear the respondent.

3)        The version of the appellant/OP for his non appearance on 23.04.2014 in the case before the Forum is that respondent-1 gave a wrong/incorrect address of the appellant. Consequently, no notice of the complaint was ever received by the appellant. Notice was sent to the appellant on the given address. There is no plausible reason to disbelieve the appellant. Besides, it has always been the policy of the courts to allow a little latitude so that the parties may contest the cases on merits, and an effective order may be passed. Order dt. 23.04.2014 by the District Forum against the appellant/OP is hence set aside, subject to payment of costs of Rs. 3000/- which the OP shall pay to the complainant on the next date, District Forum shall allow the appellant/OP to file WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear through his counsel, before the District Forum-II, Udyog Sadan, C-22/23, Qutub Institutional Area, Meherauli, New Delhi on the date fixed in the case.

4)        Copy of this order be sent to District Forum-II, Udyog Sadan, C-22/23, Qutub Institutional Area, Meherauli, New Delhi for information and to keep it on record for compliance.