JUDGMENT :

MS. SALMA NOOR, MEMBER

1. In a complaint case bearing No. 749/9 filed by complainant against the OP IES Academy, 4.10.12 was fixed before the District Consumer Forum (II), Qutub Institutional Area, New Delhi when OP did not appear and the Forum ordered to proceed ex parte against the OP. His application for setting aside ex parte proceedings was also dismissed by the Forum vide order dated 25.2.13, as the Forum has no power to set aside it’s own order.

2. That is what brings the OP/appellant in appeal before this Commission.

3. We have heard Shri S.N. Pandey, counsel for the appellant at the admission stage, as there is no need to hear the respondent/complainant.

4. The version of the OP for non-appearance on 4.10.2012 before the Forum in the case is, that his counsel inadvertently jotted down a wrong date i.e. 14.10.2012 in place of the correct one 4.10.2012, and the default occurred.

5. There is no plausible reason not to rely, and act upon this version of the appellant/OP. It has been the consistent judicial policy of law to decide the case on merits after hearing the parties. For these reasons, we therefore, set aside the orders dated 4.10.2012 and 25.2.2013, subject to pa