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Judgment
Deepa Sharma, Presiding Member
None for the respondent even after pass over. Respondent is proceeded ex parte.
Final arguments heard.
The present Appeal has been filed against the order dated 23.03.2017 in Complaint No. 148 of 2015 vide which the complaint of the Appellant was dismissed in default.
It is argued by learned counsel for the complainant Appellant that complainant is a poor lady who had entered into an agreement with the respondent to purchase one room from them and paid huge sum towards that but the possession was not handed over to her by the respondent. It is submitted that it is the counsel for the complainant who did not attend the proceedings on two due dates and for the negligence of his counsel, she should not be punished and it is prayed that a lenient view be taken. It is also argued that from the written version filed by the respondent before the State Commission, it is also apparent that they have not denied the agreement with the complainant of selling said one room and it is submitted that complainant has no other remedy and she would be subjected to lot of injustice and would be left remediless if the lenient view is not taken.
I have perused the file. From the perusal of file, it is apparent that before the State Commission, respondent had filed its written version wherein they have not denied the agreement with the complainant for sale of one room to her and receipt of money. It is also apparent that injustice would be caused to the complainant if the impugned order is not set aside. It is clear that impugned order had come to be passed only for non-appearance of the learned counsel for the complainant on two subsequent dates.
However, purely on the ground of imparting justice to the parties and the principle that matter should be decided on merits, I take a lenient view and set aside the impugned order. Certified copy of this order be sent to the State Commission. The State Commission shall start the matter from stage at which it was dismissed in default.
Complainant to appear before the State Commission on 24.11.2022.
With these directions, the Appeal stands disposed of.