State Consumer Disputes Redressal Commission
Sumit Kumar vs T.V. House on 3 July, 2012
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 03.07.2012 First Appeal No.2012/224 (Arising out of Order dated 02.02.2012 passed by the District Consumer Forum( North West), Shalimar Bagh, Delhi in Complaint Case No.353/2008) Sh. Sumit Kumar Appellant/Complainant A-45, Gandhi Nagar, through Mr. K.R. Pamie Delhi. advocate. Versus 1.
T.V. House .Respondents/Opposite Parties 25, Main Market, Kingsway Camp, Delhi.
2. Super Kig Gas Geyser, C/o T.V. House, 25, Main Market, Kingsway Camp, Delhi.
CORAM Justice Barkat Ali Zaidi ... President Mr. V.K. Gupta, Member(Judicial)
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President
1. This appeal has been filed by appellant/complainant in complaint case No.353/2008 pending before District Forum(North-West) to set aside order dated 02.02.2012, by which the Forum dismissed the application for restoration of the complaint filed by the complainant dismissed in his default vide order dated 12.11.2010, on the ground that the Forum has no power to recall its order.
2. That is what brings the appellant in appeal before this Commission.
3. We have heard Mr. K.R. Pamie, counsel for the appellant at the admission stage in this appeal.
4. It has been the consistent judicial policy, to adopt an attitude for lenience, in dealing with the such applications, because the purpose of law is fulfilled, only when both the parties are heard and the case is decided on merits. The appellant has said that his counsel noted a wrong date as 11.12.2010, in place of correct one 12.11.2010 and he therefore could not appear before the District Forum on the date fixed, and the Forum dismissed his complaint. He therefore filed an application for restoration of complaint which the Form dismissed on the ground that the Forum has not power to recall its own order. It would be appropriate to treat the version of the appellant as genuine, and we therefore allow the appeal and set aside both the orders in question by restoring the complaint to its original number, and remand back the case to the concerned District Forum with direction to decide the matter on merit.
5. Appellant /complainant shall remain present in the complaint case before District Forum( North West) on 30.08.2012.
6. A copy of this order be provided to the counsel for the appellant, whereas a copy of this order be sent to District Forum( North West) to place it on record of complaint case No.353/2008 and for compliance. The file be consigned thereafter to Record room.
Announced on 03rd day of July, 2012.
(Justice Barkat Ali Zaidi) President (V.K. Gupta) Member(Judicial) Tri