IN THE STATE COMMISSION :DELHI

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

                                     Date of Decision: 12.08.2014

First Appeal – 910/2013

Shri Harpreet Singh (Director),

M/s. VXL Realtors Pvt. Ltd.,

5^th Floor, Ajit Singh House,

12 DDA Commercial Centre,

Yusuf Sarai,

New Delhi-110049.

………Appellant

Vs

Shri Sunil Sharma,

S/o Late K.C. Sharma,

R/o 96/2, Patparganj Village,

Delhi-110091.

                                                ……..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.     In a complaint case bearing No.68/2013 Sh. Sunil Sharma vs Sh. Hanpreet Singh filed before District Forum-II, Qutub Institutional Area, New Delhi 27.05.2013 was fixed for filing written statement by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte. 

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

3.     We have heard Shri P.K. Jha, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

4.      The version of the Appellant/OP for his non-appearance on the date fixed is that his Counsel reached the District Forum a little bit late due to traffic jam when he was coming from Karkardooma Court and the case was proceeded ex-parte against the Appellant.  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 case before the Forum and the matter may be decided on merit. We therefore, allow the appeal setting aside the ex-parte orders dated 27.05.13 in question, subject to payment of costs of Rs.5,000/- which the OP will pay to the complainant on the next date.  The case is remanded back to the District Forum-II, Qutub Institutional Area, New Delhi with the direction that they will allow the Appellant/OP to file the written statement and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum-II, Qutub Institutional Area, New Delhi on the date fixed.

5.   A copy of this order be sent to District Forum-II, Qutub Institutional Area, New Delhi to keep it on complaint file and for compliance.