IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 4.7.2014
Revision Petition -29/14
| Vivek Kumar S/o Sh. Shyam Sunder Prasad R/o 1626/14, 3rd Floor, Govindpuri, Kalkaji, New Delhi | .........Appellant |
VS
| - M/s. Samara Hyundai
Through its Manager/ Authorized Representative Having its office at: B-35, Lajpat Nagar-II, New Delhi. - M/s Hyundai Motors India Ltd.
Plot No. H-1, Sipcot, Industrial Park, Irungattukottai Sriperumbudur, Kancheepuram, Chennai Tamilnadu-602 105 | ………...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)
- This Revision filed by the appellant is treated as appeal.
2. In a complaint case bearing No. 490/2013, titled as Vivek Kumar Jain Vs. M/s. Samara Hyundai & Ors. pending before District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi, the Complainant had not put his appearance before the District Forum on 23.4.2014 and the Forum dismissed the complaint in complainant’s default.
3. In the present appeal before this Commission, Complainant/Appellant has prayed for setting aside the dismissal orders.
4. We have heard Shri Vivek Kumar, Appellant in this appeal at the admission stage itself.
4. The version of the appellant/complainant for non-appearance on 23.4.2014 in the case before the Forum is that, his counsel had wrongly jotted down the date as 25.4.2014 in place of 23.4.2014. The counsel appeared on 25.4.2014 before the Forum and came to know that the matter has already been dismissed in default of the complainant.
5. We do not find any reason for not believing the version of the complainant/appellant. Policy of law is not to stile a contest. In such circumstances lenient view is required to be taken so as to allow the complaint and the matter may be decided on merit. We, therefore, allow the appeal setting aside the dismissal orders dated 23.4.2014 and remand the case back to District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi with a direction to restore the complaint to its original number, and to proceed in the case according to law. The Appellant Complainant is directed to appear before the District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi on 12.8.2014.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum -II, Qutab Institutional Area, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
