IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 19.08.2014
First Appeal – 604/2014
Rahul Chaudhary,
R/o B-3, Dayalpur,
Delhi-110094.
………Appellant
Vs
Vodafone Mobile Service Ltd.,
C-48, Okhla Industrial Area,
Phase-II, New Delhi-110020.
……..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.168/2013 Rahul Chaudhary vs Vodafone Mobile Service Ltd. filed before District Forum (North-East), Nand Nagri, Delhi on 23.5.14, the Complainant was not present and the Forum dismissed the complaint for non-prosecution.
2. That is what brings the Appellant in appeal before this Commission.
3. We have heard Shri Yajvender Kumar, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the complainant/appellant for his non-appearance on 23.5.2014 before District Forum is that his Counsel, due to sudden illness, could not appear before the District Forum and the case was dismissed for non-prosecution. In support of his contention, 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 23.05.2014 in question, and remand the case back to District Forum (North-East), Nand Nagri, 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-East), Nand Nagri, Delhi on 10.11.2014.
5. A copy of this order be sent to District Forum (North-East), Nand Nagri, Delhi to keep it on complaint file and for compliance.
