Date of Decision: 08.07.2014
First Appeal – 972/2013
Sh. Shailendra Singh,
S/o Lt YP Singh,
82-C, Block-CC,
Shalimar Bagh,
Delhi-110088.
………Appellant
Vs
M/s. Tata AIG Life Insurance Co. Ltd.,
Ist Floor, Lotus Towers,
New Friends Colony,
Community Centre,
New Delhi-110025.
……..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.150/2012 Shailendra Singh vs TATA AIG Life Insurance Co. Ltd. filed before District Forum, New Delhi on 09.01.2013, the Complainant was not present 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 Sh. Anand K. Mishra, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant is that he earlier appointed Mr. Suresh Sharma, Counsel to represent his case before the Forum. However the advocate appointed by him communicated that the matter is listed in first week of July, 2013. Thereafter, the Complainant/Appellant has made several calls to his earlier counsel regarding the status of his case. On receiving no communication from him, the appellant hired new counsel to represent him before the Forum. On inquiry it was disclosed by the registry of the concerned forum that the matter was dismissed in default on 9.1.2013. 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 09.01.2013 in question, and remand the case back to District Forum, 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, New Delhi on 11.08.2014.
5. A copy of this order be sent to District Forum, New Delhi to keep it on complaint file and for compliance.
