Haryana

StateCommission

RP/22/2016

MAKEMYTRIP(INDIA) PVT.LTD. - Complainant(s)

Versus

ANIL KUMAR - Opp.Party(s)

NAVEEN SHARMA

15 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   22 of 2016

                                                Date of Institution:       23.02.2016

                                                Date of Decision:         15.03.2016

  

, having its Corporate Office at: Tower-A, SP Infocity, Plot No.243, Udyog Vihar, Phase-I, Gurgaon-122016.

Petitioner-Opposite Party No.1

 

Versus

 

 

1.      Anil Kumar son of Sh. Mahabir Singh, resident of House No.583/34, Janta Colony, Rohtak – 124001.

Respondent-Complainant

 

2.      Managing Director, Jet Airways India Limited, Siroya Centre, Sahar Airport, Andheri East, Mumbai – 400099 (Maharashtra).

Respondent-Opposite Party No.2

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

 

Present :    Sh. Naveen Sharma, Advocate for the petitioner.

 

 

O R D E R

 

 

NAWAB SINGH J, (ORAL)

 

          The instant revision petition has been filed by Makemytrip (India) Private Limited-opposite party No.1 (petitioner) against the order dated November 23^rd, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum), whereby its defence was struck off for non-filing of reply.

2.      Learned counsel for the petitioner has urged that the impugned order be set aside and opportunity be given to the petitioner to file reply.  The next date of hearing before the District Forum is April 01^st, 2016.

3.      Hon’ble Supreme Court in Shaikh Salim Haiji Abdul Khayumsab versus Kumar and others, 2005 (4), RCR (Civil), 823, observed that the object is to expedite the hearing and not to scuttle the same. While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried.  No party should ordinarily be denied the opportunity of participating in the process of justice dispensation.  Thus, this revision petition is allowed and the order dated November 04^th, 2015 is set-aside subject to conditional cost of Rs.5,000/- to be paid to the complainant. Consequently, the petitioner is accorded opportunity to file reply on the date fixed before the District Forum, that is, April 01^st, 2016.

4.      This 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 High Court of Punjab and Haryana Court rendered in Batala Machine Tools Workshop Cooperative vs. Presiding Officer, Labour Court, Gurdaspur (CWP No. 9563 of 2002) decided on June 27th, 2002.

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

 

 

Announced 15.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK