Chandigarh

StateCommission

RP/38/2016

Amazon India Pvt. Ltd. - Complainant(s)

Versus

Arjun Partap Atma Ram - Opp.Party(s)

Inderjit Singh

02 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

                                                                 

Revision Petition No.	:	38 of 2016
Date of Institution	:	05.10.2016
Date of Decision	:	02.11.2016

 

Amazon India Pvt. Ltd. (Correct name Amazon Seller Services Private Limited), Registered Office at Brigade Gateway, 8^th Floor, 26/1, Dr. Rajkumar Road, Malleshwaram (W), Bangalore – 560055, India through its Authorized Signatory Shri Rahul Sundaram.

……Revision Petitioner/Opposite Party No.3.

Versus

1. Arjun Partap Atma Ram son of Shri Rajiv Atma Ram, resident of House No.44, Sector 4, Chandigarh.

                              …..Respondent No.1/Complainant.

2. Motorola India Pvt. Ltd., through its Managing Director, having its Registered Office at Motorola Mobility India Pvt. Ltd., 415/2, Mehrauli – Gurgaon Road, Sector 14, Gurgaon – 122001, Haryana.
3. Sant Rameshwari Enterprises through its Managing Director, SCO 26, 1^st Floor, Sector 20-D, Chandigarh – 160020.
4. Cloudtail India Pvt. Ltd., through its Managing Director having registered office at Anjanya Infrastructor Project No. 38 & 39, Soukya Road, Kacherckanahalll Hoskote Taluka, Bangalore Rural District Bangalore – 560067.

       ….. Respondents No.2 to 4/Opposite Parties No.1,2 & 4.

Revision Petition under Section 17 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

 

Sh. Inderjit Singh, Advocate for the Revision Petitioner/Opposite Party No.3.

Sh. Suvir Kumar, Advocate for respondent No.1/complainant.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

 

            Service is complete.

2.         Sh. Suvir Kumar, Advocate has put in appearance on behalf of respondent No.1/complainant and filed his memorandum of appearance, which is taken on record.

3.         This Revision Petition has been filed against order dated 30.06.2016 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), in Consumer Complaint No.366 of 2016, vide which, on account of non-appearance on the date fixed, exparte proceedings were ordered to be taken up against the Revision Petitioner/Opposite Party No.3.

4.         At the time of hearing, Sh. Suvir Kumar, Advocate, Counsel for respondent No.1/complainant very fairly states that let the order be set aside and opportunity be given to the Revision Petitioner/Opposite Party No.3 to contest the case on merits.

5.         Counsel for the Revision Petitioner undertakes that he will file written statement and evidence on record by moving an application in the Registry of the Forum within 10 days from today, with advance copy to the Counsel opposite. It is made clear that on receipt of reply and evidence, if need be, respondent No.1/complainant may file rejoinder to the same within next 7 days thereafter. We expect that the Forum will take up the matter on the date to be fixed or may be within 15 days thereafter.

6.         It is made clear that if reply and evidence are not filed, as undertaken, by the Revision Petitioner/Opposite Party No.3, this Revision Petition shall be deemed to have been dismissed and order under challenge shall be deemed to have been confirmed.

7.         In view of above, the Revision Petition is accepted. Order under challenge is set aside.

8.         The parties/their Counsel are directed to put in appearance before the Forum on 25.11.2016.

9.         The matter before the Forum is fixed for today. We request the Forum to adjourn the case for 25.11.2016.

10.        Order passed is subject to payment of Rs.5,000/- as cost. The said amount shall be paid by the Revision Petitioner/Opposite Party No.3 to respondent No.1/complainant on the next date of hearing before the Forum.

11.        Certified copies of this order be sent to the parties, free of charge.

12.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

13.        File be consigned to the Record Room after completion.

Pronounced.

2^nd November, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/rb