Punjab

StateCommission

RP/26/2023

TVS MOTOR COMPANY - Complainant(s)

Versus

AMANPREET SINGH - Opp.Party(s)

VIPUL JOSHI

19 Apr 2023

ORDER

FIRST ADDITIONAL BENCH

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Revision Petition No.26 of 2023

Date of institution   :  11.042023 

Date of Decision     :  19.04.2023

 

TVS Motor Company, having its Office at: Post Box No.4, Harita Hosur, Chennai – 635 109, Tamil Nadu, through its Managing CEO.    

….Revisionist/Opposite Party No.2

Versus

1. Amanpreet Singh, son of S. Bhupinder Singh resident of House No.32, Jashan City, near Veer Palace, Chandigarh Road, Ludhiana, District Ludhiana, Punjab.          

…..Respondent No.1/complainant

2. Mela Singh & Sons, G.T. Road, opposite: Railway Station, Ludhiana, District: Ludhiana through its Authorized Representative. 

…..Respondent No.2/Opposite Party No.1

Revision Petition against the order dated 21.02.2023 of the District Consumer Disputes Redressal Commission, Ludhiana. 

Quorum:-

                    Mr. H.P.S. Mahal, Presiding Judicial Member

                   Ms. Kiran Sibal, Member    

Present:-

         For the revisionist        :         Sh. Vipul Joshi, Advocate

 

H.P.S. MAHAL, PRESIDING JUDICIAL MEMBER:-

          The present Revision Petition has been filed by the revisionist/OP challenging the order dated 21.02.2023 passed by the District Consumer Disputes Redressal Commission, Ludhiana, (in short “District Commission”) whereby the revisionist was proceeded against ex parte. 

2.                Heard.

3.                Learned counsel for the revisionist states that that the absence of the revisionists before the District Commission is not intentional and is bona fide.  He further prayed for setting aside the order of District Commission.    

4.                We have heard learned counsel for revisionist and gone through the record of the case.  The law is very clear on this point that endeavour should be put in, by the Court to hear the parties on merits of the case, instead of continuing the ex parte proceedings. As such this Revision Petition is allowed and the impugned order dated 21.02.2023 is set aside, subject to cost of Rs.5,000/- to be deposited in the Consumer Legal Aid Fund of concerned District Commission.  The case is remanded back to District Commission, Patiala, and the parties are directed to appear before the District Commission on 25.05.2023  The deposit of the cost of Rs.5,000/-, as stated above, will be condition precedent, which are to be deposited on or before 25.05.2023, failing which this Revision Petition would be deemed to be dismissed. 

5.                Pending applications, if any, are disposed of.  

6.                Registry is directed to immediately send the certified copy of the order to the District Commission.

 

                                                            (H.P.S. MAHAL)

                                                  PRESIDING JUDICIAL MEMBER

 

     (KIRAN SIBAL)

                                                                  MEMBER

April 19^th, 2023 

DB