Date of Decision: 03.07.2014
First Appeal – 449/2014
Sudhesh Kumar,
S/o Sh. Mukthyar Singh,
R/o D-181, Jhangir Puri,
Delhi-110033.
………Appellant
Vs
Tata Tele Services Ltd.,
10th Floor, Tower-I,
Jeevan Bharti Building 124,
Connaught Place,
New Delhi-110001.
……..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.75/2010 Sudhesh Kumar vs Tata Tele Services Ltd. filed before District Forum, Vikas Bhawan, M-Block, New Delhi on 06.02.2012, 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. Sudhesh Kumar, Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant is that his Counsel was suffering from fever on 06.02.2012 because of that he could not appear before the Hon’ble Forum and his complaint was dismissed in default. 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 06.02.2012 in question, and remand the case back to District Forum, Vikas Bhawan, M-Block, 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, Vikas Bhawan, M-Block, New Delhi on 05.08.2014.
5. A copy of this order be sent to District Forum, Vikas Bhawan, M-Block, New Delhi to keep it on complaint file and for compliance.
