Date of Decision: 21.08.2014

RP – 49/2014

Sri Balaji Action Medical Institute

(A unit of Lala Munni Lal Mange Ram

Charitable Trust, A-4, Paschim Vihar,

New Delhi-110 063.

                           ………Appellant

Vs

Smt.Sanjana Trehan,

W/o Mr. Utpal Trehan,

R/o D1/121, Janakpuri,

New Delhi-110058.

                                    ……..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. This revision will be treated as an appeal.
2. 2.      In a complaint case bearing No.28/2014 Sanjana Trehan vs Sri Balaji Action Medical Institute filed before District Forum, West, Janakpuri, New Delhi 15.04.2014 was fixed for filing WS by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte. 

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

4.      We have heard Shri R.P. Pahwa, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

5.      The version of the Appellant/OP for his non-appearance before the District Forum on 15.04.14 is that the Counsel for the Appellant reached the District Forum little late at about 12.50 p.m. by that time the case was already proceeded ex-parte against the Appellant/OP. 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 cases before the Forum, and the matter may be decided on merits. We therefore, allow the appeal setting aside the ex-parte orders dated 15.04.2014 in question, subject to payment of costs of Rs.1,000/- which the OP will pay to the complainant on the next date.  The case is remanded back to the District Forum, West, Janakpuri, New Delhi with the direction that they will allow the Appellant/OP to file the WS and evidence and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum, West, Janakpuri, New Delhi on 23.9.2014.

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