Date of Decision: 14.07.2014
First Appeal – 64/2014
M/s. India Infoline Finance Ltd.,
Through its Authorized Representative,
Branch Office at: 71/3, First Floor Rama Road,
Moti Nagar, New Delhi. ………Appellant
Vs
Vijay Kumar Chaudhary,
S/o Late Shri Chander Pal,
R/o 18/130, Gali No.3, East Moti Bagh,
New Delhi. ……..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.257/2013 Vijay Kumar Chaudhary vs M/s. India Infoline Finance Ltd. filed before District Forum, North, Tis Hazari, Delhi 09.12.2013 was fixed for filing WS by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte.
2. That is what brings the Appellant/OP in appeal before this Commission.
3. We have heard Shri Rahul Phogat, Proxy of Shri Sachin Sangwan, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the Appellant/OP for his non-appearance on the date fixed is that his counsel was out of station and he informed his colleague to attend the case but the colleague of the counsel was also engaged in some other court so he asked hisMunshi to appear before the Hon’ble Forum who informed the next date as 13.12.13. But on inquiry by the counsel on 13.12.13 from the staff of the Ld. District Forum, it was found that the case has been proceeded ex-parte on 9.12.13. In support of his contention, Appellant has filed an affidavit. 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 ex-parte orders dated 09.12.2013 in question, subject to payment of costs of Rs.2,000/- which the OP will pay to the complainant on the next date. The case is remanded back to the District Forum, North, Tis Hazari, Delhi with the direction that they will allow the Appellant/OP to file the WS and evidence and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum, North, Tis Hazari, Delhi on 22.7.2014.
5. A copy of this order be sent to District Forum, South West, Sheikh Sarai, Delhi to keep it on complaint file and for compliance.
