IN THE STATE COMMISSION :DELHI

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

                                                                                                                 Date of Decision: 25.08.2014

First Appeal – 784/2014

Shri Rahul Kumar,

S/o Sh. S.C. Kumar,

R/o C-82, Shivalik,

Near Panchsheel,

Geetanjali Road,

New Delhi.

………Appellant

Vs

Taneja Developers Infrastructure Ltd.,

Through its Principal Officer,

9 Kasturba Gandhi Marg,

New Delhi-110001.

 ……..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?

NP Kaushik, Member Judicial

1.     In a complaint case bearing No.92/2013 Rahul Kumar vs TDI filed before District Forum, M-Block, Vikas Bhawan, New Delhi on 28.2.14, the Complainant was not present and the Forum dismissed the complaint for non-prosecution. 

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 for his non-appearance on 28.2.2014 before District Forum is that the Counsel of the Appellant was busy in High Court in case titled as Creative Looms vs Jomno Devi.  Therefore, he reached the District Forum late and by that time the case was dismissed for non-prosecution. 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 28.02.2014 in question subject to payment of costs of Rs. 3,000/- to be deposited with Consumer Welfare Fund of this Commission, and remand the case back to District Forum, M-Block, Vikas Bhawan, 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, M-Block, Vikas Bhawan, New Delhi on 15.10.2014.    

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