IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 11.8.2014
First Appeal-725/2014
| Ms. Chandra Prabha Chawla, R/o S-559, 2nd Floor, Greater Kailash-II, New Delhi | .........Appellant |
VS
| The Osian’s Art Fund, 42A, Gold Links, New Delhi-13 Through its Chief Advisor Mr. Nevile Tuli Also at The Osian’s Art Fund, B-35, Qutab Institutional Area, New Delhi Also at The Osian’s Art Fund, 24B, Nirman Bhawan, Nariman Point, Mumbai-400 021 | ………...Respondent |
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. 1242/2012, titled as Ms. Chandra Prabha Chawla Vs. Osian’s Art Fund pending before District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate, New Delhi, the Complainant had not put his appearance before the District Forum on 27.3.2014 and the Forum dismissed the complaint in complainant’s default.
2. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
3. We have heard Shri Bijan Kumar Singh, Counsel for the Appellant in this appeal at the admission stage itself.
4. The version of the appellant/complainant for his non-appearance on 27.3.2014 in the case before the Forum is that the counsel who was defending his case before the Forum inadvertently jotted down incorrect date of hearing and hence the default occurred and Forum dismissed the complaint.
5. We do not find any reason for not believing the version of the complainant/appellant. Policy of law is not to stile a contest. In such circumstances lenient view is required to be taken so as to allow the complaint and the matter may be decided on merit. We, therefore, allow the appeal setting aside the dismissal orders dated 27.3.2014 and remand the case back to District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate, New Delhi with a direction to restore the complaint to its original number, and to proceed in the case according to law. The Appellant Complainant is directed to appear before the District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate, New Delhi on 10.10.2014.
6. Copy of this order be sent to District Consumer Disputes Redressal Forum -VI, M Block, Vikas Bhawan, IP Estate,, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
