IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 04.08.2014

First Appeal – 568/2014

Sumit Jindal,

S/o Late Shri Shyam Lal Jindal,

R/o 2094/6-B, Gali No. 16,

Near Railway Phatak,

Prem Nagar, New Delhi-08.

………Appellant

Vs

1. Spice Hot Spot,

Spice Retail Ltd.,

X-45, West Patel Nagar,

New Delhi-08.

Corporate Office: S global Knowledge Park,

19A 19B, 2^nd Floor, Sec. 125, Noida-201301 (UP).India.

Regd. Office: Village Bidarwal Libana, Post Office Baddi

Tehsil Nalagarh, Distt. Solan (HP) 173205.

2.Taneja Electronics (Authorized Service Centre),

  J-11-81, Sanjay Market,

  Wazirpur JJ Colony,

  New Delhi-52.

                                                ……..Respondents

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.     In a complaint case bearing No.478/2013 Sumit Kumar vs Spice Hot Spot filed before District Forum, Janak Puri, New Delhi the Complainant was not present and the Forum dismissed the complaint in complainant’s default. 

2.      That is what brings the Appellant in appeal before this Commission.

3.     We have heard Shri Sumit Kumar, Appellant in person at the admission stage as there is no need to hear the Respondent.

4.      The version of the complainant/appellant is that on 12.05.2014, his son was seriously ill and he had gone to doctor for his check up.  Therefore, he could not appear before the District Forum and the complaint was dismissed in Complainant’s default.  In support of his contention, the 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 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 case and the matter be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 12.05.2014 in question, and remand the case back to District Forum, Janak Puri, New Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law. The Appellant/ Complainant is directed to appear before the District Forum, Janak Puri, New Delhi on 28.10.14.    

5.   A copy of this order be sent to District Forum, Janak

Puri, New Delhi to keep it on complaint file and for compliance.