IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 21.7.2014
First Appeal – 649/2014
| Om Prakash Sabu /S/o Lare Sh. Nand Lal Sabu R/o G-3/2, 1st Floor, Model Town, | .........Appellant |
VS
| Solar India Enterprises M-5/4-5-6, Vishal Market, West Mukherjee Nagar, Delhi Emmvee Solar System Pvt. Ltd. Survey No.13/1, Sonnappanahalli Village, Bettahalaspur Post, Berraly Main Road, Bangalore North- 362 157 | ………...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)
1. In a complaint case bearing No.541/2011 titled as Om Prakash Sabu Vs. Solar India Enterprises & Ors. filed before District Consumer Disputes Redressal Forum(North West), Shalimar Bagh, Delhi, Complainant had not put his appearance on 11.12.2013, and the Forum dismissed the complainant in complainant’s default.
2. In the present appeal before this Commission, complainant has prayed for setting aside the orders dated 11.12.2013 passed by the District Forum.
3. We have heard Sandeep Kumar, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the complainant for non-appearance on 11.12.2013 in the case before the Forum is that the Counsel who was defending his case before the Forum became late due to heavy traffic jam, hence default occurred.
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 11.12.2013 and remand the case back to District Consumer Disputes Redressal Forum (North West), Shalimar Bagh, 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 District Consumer Disputes Redressal Forum (North West), Shalimar Bagh, Delhi, on 20.8.2014.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum (North West), Shalimar Bagh, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
