Date of Decision: 25.08.2014

First Appeal – 783/2014

Shri Harish Kumar Monga

S/o Late Shri Buta Ram Ji,

R/o 703, Mukherjee Nagar,

New Delhi-110009.

………Appellant

Vs

State Bank of India,

Through its Chief Manager/Branch Manager,

Tis Hazari Court Complex,

New Delhi-110054.

 ……..Respondent

CORAM

Justice Veena Birbal, President

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?

Justice Veena Birbal, President

1.     In a complaint case bearing No.281/2013 Harish Kumar Monga vs SBI filed before District Forum (North), Tis Hazari, Delhi on 14.07.2014, 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 H.K. Monga,Advocate in person at the admission stage as there is no need to hear the Respondent.

4.      The version of the complainant/appellant is that inadvertently he noted the next date of hearing as 24.7.14 in place of 14.7.14.  Therefore, the Appellant could not appear on 14.7.14 and the District Forum dismissed the complaint 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 14.07.2014 in question, and remand the case back to District Forum(North), Tis Hazari, Delhi with a direction to restore the complaint on its original number, and to further proceed in the case according to law.  Ld. District Forum shall issue notice to the OP before proceeding further n the matter.  The Appellant/ Complainant is directed to appear before the District Forum(North), Tis Hazari, Delhi on       .     

5.   A copy of this order be sent to District Forum(North), Tis Hazari, Delhi to keep it on complaint file and for compliance.