IN THE STATE COMMISSION :DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                                                                 Date of Decision: 30.07.2014

First Appeal – 563/2014

Shri Vijay Bansal,

S/o Late Shri Sita Ram Bansal,

R/o H.No. 374-375,

Pocket-9, Sector-21,

Rohini, Delhi-110086.

………Appellant

Vs

1. United India Assurance Co. Ltd.,

30, 31 A, Jeevan Vikas Building,

4^th Floor, Asaf Ali Road,

New Delhi.

1. Vipul Medcorp Tpa Pvt. Ltd.,

515, Udyog Vihar Phase-5,

Gurgaon, Haryana-122016.

……..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.307/2013 Shri Vijay Bansal vs The United India Assurance Company Ltd. & Anr. filed before District Forum, Kashmiri Gate, Delhi on 16.05.2014, 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. Varun Dhingra, 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 on 16.05.2014, his Counsel was struck up at Tis Hazari Courts and due to that he reached the District Forum little bit late and till then, the case was dismissed in default by the District Forum.  In support of his version, the Appellant has filed an affidavit. 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 16.05.2014 in question, and remand the case back to District Forum, Kashmiri Gate, 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, Kashmiri Gate, Delhi on 17.11.14.

5.   A copy of this order be sent to District Forum, Kashmiri Gate, Delhi to keep it on complaint file and for compliance.