Date of decision: 09.07.2014

First Appeal- 472/2014

Mr. Rajinder Singh

S/o, Late Gurucharan Singh

R/o. WP-22C, Pritam Pura,

Delhi.                                                                        …………..Appellant

VERSUS

M/s TDI Infrastructure Pvt. Ltd.

9, K.G. Marg,

New Delhi 110001.                                                       …….Respondents

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. 194/2011, Rajinder Singh,   Vs M/s TDI Infrastructure Pvt. Ltd., filed before District Forum- VI, M-Block, Vikas Bhawan, I.P. Estate. New Delhi the Complainant absented himself on 26.11.2012, the date fixed for hearing, and the Forum dismissed the complaint in complainant’s default.

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

3)          We have heard, counsel for both the parties at the admission stage itself.  

4)          The version of the Complainant appellant for his non appearance on 26.02.2011 before the Forum is that the counsel who defending his case before the Forum did not appear on the date fixed and he has also informed wrong date to the appellant hence the matter was left unattended. 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 the law to stifle to contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parities may have an opportunity to present their case before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dt. 26.11.2012 in question, and remand the case back to District Forum- VI, M-Block, Vikas Bhawan I.P. Estate, 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- VI, M-Block, Vikas Bhawan, I.P. Estate, New Delhi on 11.08.2014.    

5)              A copy of this order be sent to District Forum- VI, M-Block, Vikas Bhawan, I.P. Estate, New Delhi to keep it on complaint file and for compliance.