Haryana

StateCommission

RP/27/2016

UNION BANK OF INDIA - Complainant(s)

Versus

AJIT FABRICS - Opp.Party(s)

SAURABH BHARDWAJ

10 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                           

                                                                          

                                                                 Revision Petition No  :          27 of 2016

Date of Institution:        29.02.2016

Date of Decision :         10.03.2016

 

Union Bank of India, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act No.V of 1970, carrying on Banking Business and having its Head office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400021 in the State of Maharashtra and one of its branch office amongst other places at SSI Branch, G.T Road, District Panipat through its Manager cum duly constituted Power of Attorney Sahil Stanley.

                                      Petitioner-Opposite Party No.1

 

 

 

 

 

 

Versus

 

 

 

1.      M/s Ajit Fabrics through its proprietor Ajit Kumar son of Tek Chand situated at Katch Kala Aamb Road, Babail Road, Panipat, Tehsil and District Panipat.

 

2.      Ajit Kumar son of Tek Chand situated at Katch Kala Aamb Road, Babail Road, Panipat, Tehsil and District Panipat.

Respondents-Complainants

 

 

2.      The New India Assurance Company Limited, Divisional Office, Near S.D. College, G.T. Road, Panipat through its Divisional Manager/Authorized Person.

Respondent-Opposite Party No.2

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

 

Present:               Mr. Saurabh Bhardwaj, Advocate for petitioner.

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          By filing the present revision petition, Union Bank of India-opposite party No.1 (petitioner herein) has challenged the order dated June 03^th, 2015 and December 23^rd, 2015 passed by District Consumer Disputes Redressal Forum, Panipat (for short, ‘District Forum’) whereby the petitioner was proceeded ex parte and it’s application for setting aside ex parte order was dismissed respectively.

2.      Learned counsel for the petitioner has urged that the impugned order be set aside; opportunity be given to the petitioner to file reply and contest the complaint.  The next date of hearing before the District Forum is March 30^th, 2016.

3.      It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioner to file reply and contest the complaint.    For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the orders dated June 03^th, 2015 and December 23^rd, 2015 are set aside subject to the conditional cost of Rs.2000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file reply and join the proceedings.

5.      This revision petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter.  In this regard, reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur(CWP No.9563 of 2002) decided on June 27^th, 2002.

6.      The petitioner is directed to appear before the District Forum, on March 30^th, 2016, the date already fixed.

7.      Copy of this order be sent to the District Forum.

 

Announced 10.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK