IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 23.7.2014
First Appeal – 657/2014
| Manoj Kumar Hous No.18, Gali No.3, Tikri Kalan Extension, New Delhi-110 041 | .........Appellant |
VS
| Delhi Trehun Sons (16194900) WZ-442, Madipur, New Delhi | ………...Respondent |
CORAM
SALMA NOOR, MEMBER
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.168/2014 titled as Manoj Kumar Vs. Delhi Trehun Sons filed before District Consumer Disputes Redressal Forum-III, Janak Puri, New Delhi, Complainant had not put his appearance on 5.6.2014, and the Forum dismissed the complainant in complainant’s default.
2. In the present appeal before this Commission, complainant has prayed for setting aside the orders dated 5.6.2014 passed by the District Forum.
3. We have heard Appellant in person in this appeal at the admission stage itself.
4. The version of the complainant for non-appearance on 5.6.2014 in the case before the Forum is that he was reached before the Forum only for two minutes late, hence default occurred.
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 5.6.2014 and remand the case back to District Consumer Disputes Redressal Forum-III, Janak Puri, 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 -III, Janak Puri, New Delhi, on 25.8.2014.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum-III, Janak Puri, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
