Haryana

StateCommission

RP/102/2019

INDIAN RAILWAY CATERING - Complainant(s)

Versus

ALOK KUMAR - Opp.Party(s)

BHUWAN LUTHRA

10 Dec 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.102 of 2019

 Date of Institution:05.12.2019

  Date of Decision:10.12.2019

 

Indian Railway Catering & Tourism Corporation Ltd. through its Director, B-148, 11^th Floor, Statesman House, Barakhamba Road, New Delhi-110001.

…..Revisionist.

Versus

1.      Alok Kumar S/o Shri S.N. Parthy, M-425, 1^st Floor, Orchid Island, Sector-51, Gurugram (Haryana)-122003.

                                                                             …..Respondent.

2.      Chief Booking Superintendent/Station Master, Okd Railway Road, Kheri, Laxman Garden, Sector-105, Gurugram, Haryana-122001.

…Performa Respondent.

CORAM:-       Shri Harnam Singh Thakur, Judicial Member.

                   Mrs. Manjula, Member.

 

Present:-   Shri Bhuwan Luthra, counsel for the revisionist.

                                                           ORDER

Mrs. MANJULA, MEMBER:

1.                Present revision petition has been filed by the revisionist against the impugned order dated 20.08.2019 passed by learned District Consumer Disputes Redressal Forum, Gurugram (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party No.2 before learned District Forum, was proceeded against ex-parte.

2.                Feeling aggrieved therefrom, revisionist-opposite party No.2 has preferred the present revision petition.

3.               The arguments have been advanced by Shri Bhuwan Luthra, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition has been properly perused and examined.

4.                Learned counsel for the revisionist vehemently argued that the notice issued by learned District Forum for appearance on 20.08.2019 was received by present revisionist-opposite party No.2 and after taking necessary approval, counsel was engaged on 19.08.2019. It has further argued that on 20.08.2019, engaged counsel could not reach in time due to work load and when he reached before learned District Forum, the matter was already adjourned to 01.10.2019. Thereafter, on 01.10.2019, when the counsel appeared before learned District Forum he was astonished to know that the present petitioner-opposite party No.2 was proceeded against ex-parte on the previous date itself i.e. 20.08.2019. It has further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated 20.08.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing its written statement, lead its evidence and advancing final arguments on merits.

5.                From the perusal of record, it is clear that the present revisionist- opposite party No.2 was proceeded against ex-parte by the learned District Forum, Gurugram vide order dated 20.08.2019. However, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 20.08.2019 passed by learned District Forum, Gurugram is set-aside for all intents and purposes, present revision petition stands allowed subject to depositing of Rs.5,000/- as of costs to be paid by the present revisionist before learned District Forum, Gurugram. The matter is remitted back to the District Forum, Gurugram to decide the complaint on merits after affording an opportunity to present revisionist to file its written statement and to lead its respective evidence. The revision petition be consigned to the record room.

6.                Parties are directed to appear before the District Forum, Gurugram on 10.01.2020 for further proceedings. 

 

 

December 10^th, 2019             Manjula                                  Harnam Singh Thakur                                             Member                                  Judicial Member                                                       Addl. Bench                           Addl. Bench

R.K.