IN THE STATE COMMISSION: DELHI

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

           Date of decision: 12.12.2014

First Appeal- 1053/2014

Cupid Holidays Pvt. Ltd.

87, LGF, New Mangla Puri

M.G. Road, New Delhi

                                                                                    ....Appellant

VERSUS

Virender Kumar Malik

181, Pragati Apartment

Club Road, Paschim Vihar

New Delhi-110063                                                            ….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. 78/14 Cupid Holidays Pvt. Ltd. Vs Virender Kumar Malik, filed before District Forum-V, Delhi. On 13.08.2014 was fixed for appearance of the OP, when the OP did not appear and the District Forum ordered to proceed ex-parte.

2)        That is what brings the appellant/OP in appeal before this Commission for setting aside the said ex-parte order.

3)             We have heard Sh. Shailesh Kumar, counsel for the appellant in this appeal at the admission stage itself.

4)          The contention of the appellant is that due to personal difficulty appellant’s counsel failed to appear before the District Forum on 13.08.2014 and Mr. Lalit Kumar, an employee of the OP appeared who informed the next date in the case as 10.10.2014. On 10.10.2014 when AR of the OP appeared before the District Forum then he  came to know that OP was already proceeded ex-parte on 13.08.2014. In support of his version appellant has filed affidavit of Mr. Sanjeev Khanna, AR for the appellant. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellant. Besides, it has always been the consistent policy of the courts to allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed. Order dt. 13.08.2014 by the District Forum against the appellant/ OP is set aside, subject to payment of costs of Rs. 5000/- which the OP will pay to the complainant on the next date and remand the case with the direction to the District Forum that they will allow the appellant/ OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear through his counsel, before the District Forum-V, Delhi on the date fixed i.e. 30.01.2015.

5)   Copy of this order be sent to District Forum-V, Delhi for information and to keep it on record and compliance.