Date of Decision: 10.07.2014
First Appeal – 480/2014
Jagdeep Kataria,
285, DDA Flats,
Jaidev Park,
East Punjabi Bagh,
New Delhi-110026.
…..Appellant
Vs
- The Manager,
Union Bank of India,
Fatehpuri Branch,
Chandni Chowk,
Delhi-6.
- Punjab National Bank,
Gurudwara Road,
Karol Bagh,
New Delhi-110005.
……..Respondents
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.25/2014 Jagdeep Kataria vs Union Bank of India and Another filed before District Forum, North, Tis Hazari, Delhi on 03.04.2014, 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. Jagdeep Kataria, the Appellant in this appeal at the admission stage as there is no need to hear the Respondents.
4. The version of the complainant/appellant for non-appearance on 3.4.14 is that he had to appear before Tis Hazari Court, Delhi in his another case titled as “Jagdeep Kataria vs Anju Garg” and that was the reason he could not appear before the Ld. District Forum and the default occurred. There is no plausible reason not to rely and not to act upon this version of the appellant. Besides that 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 before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 03.04.2014 in question, and remand the case back to District Forum, North, Tis Hazari, 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, North, Tis Hazari, Delhi on 11.08.2014.
5. A copy of this order be sent to District Forum, North, Tis Hazari, Delhi to keep it on complaint file and for compliance.
