State Consumer Disputes Redressal Commission
Bses Rajdhani Power Ltd. vs Naresh Kumar on 4 March, 2014
IN THE STATE COMMISSION :DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 4.3.2014 First Appeal 117/2014 BSES Rajdhani Power Ltd. BSES Bhawan, Nehru Place New Delhi .........APPELLANT VS Shri Naresh Kumar S/o Late Shri Uday Chand R/o Old No.97, New No.71, 1st Floor, Katwaria Sarai, New Delhi ....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.386/2013 Shri Naresh Kumar vs. BSES Rajdhani Power Ltd. filed before District Forum-II, Qutab Institutional Area, Delhi 18.12.2013 was fixed for appearance of the OP when the OP did not appear and the Forum ordered to proceed ex-parte against the OP.
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 Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the respondent.
4. The version of the appellant for his non appearance on 18.12.2013 in the case before the Forum is that counsel who was representing his case before the Forum could not reach the Forum in time due to some personal difficulties and that is how the default occurred. 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 dated 18.12.2013 passed by the District Forum against the appellant/OP is set aside, subject to payment of costs of Rs.5,000/- which the OP will pay to the complainant on the next date, 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-II, Qutab Institutional Area, Delhi in this case.
5. Copy of this order be sent to District Forum-II, Qutab Institutional Area, Delhi for information and to keep it on record and compliance.
(Salma Noor) Member (N P Kaushik) Member (Judicial) Arya