Haryana

StateCommission

A/63/2015

the haryana state co.operative housing federation ltd. - Complainant(s)

Versus

ASHOK KUMAR SHARMA - Opp.Party(s)

PARDEEP SOLATH

27 Oct 2016

ORDER

STAE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.63  of 2015

 Date of Institution:02.01.2015 and 16.01.2015

  Date  of  Decision:27.10.2016

 

Haryana State Coop. Housing  Federation, Bays No.49-52, Sector-2, Panchkula through its Divisional Officer, H.No.138/2, Gali No.6, Jawahar Nagar, Hisar.

…..Appellant

Versus

 

1.      Ashok Kumar Sharma S/o Sh.Banwari Lal, R/o Hisar, Tehsil and Distt. Hisar.

2.      The Hisar National Coop. House Building Society Ltd., H.No.138/2, Jawahar Nagar, Hisar through its Secretary/President.

…..Respondents

 

CORAM:             Mr.R.K.Bishnoi, Judicial  Member

                              Mr.Diwan Singh Chauhan, Member

                   

Present:-    Mr.Pardeep Solath, Advocate counsel for the appellant.

                   Mr.Sandeep Goyat, Advocate counsel for the respondent No.1.

 

                                                 ORDER

R.K.BISHNOI, JUDICIAL MEMBER:

           

It was alleged by complainant that  he being the member of Hisar Urban Cooperative House Building Society (In short “ HUCHBS”) obtained loan of Rs.75,000/- from it in 1989 for construction of house. The HUCHBS was the member of Haryana State Cooperative Housing Federation Limited (In short “HSCHFL”).  He paid entire payment alongwith interest to O.P.No.2, but, O.P.No.2 did not return his documents, which were given at the time of taking loan.  He approached O.P.No.2 for documents, but, refused to return the same.  Official of O.P.No.2 told that Rs.40,000/- were still due towards him, so he deposited Rs.40,000/-  and thereafter approached O.P.No.2 for documents, but, without any result.

2.      O.Ps. were proceeded against ex parte vide order dated 20.01.2014.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Hisar (In short “District Forum”)  allowed complaint vide impugned order dated 02.09.2014 and directed O.Ps. to pay Rs.10,000/- as compensation for harassment and litigation expenses of Rs.1100/-.

4.      Feeling aggrieved therefrom, O.P.No.1-appellant  has preferred this appeal. 

5.      Arguments heard. File perused.

6.      Learned counsel for the appellant vehemently argued that on the first date appellant/O.P. was proceeded ex parte on the ground of refusal.  It is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits.  On the report of refusal, some official of the office made this report.

7.      The complainant is not going to suffer any irreparable loss if appellant-O.Ps. are afforded an opportunity of defending themselves before the learned District Forum, so in these circumstances ex parte proceedings dated  20.01.2014 initiated against them are set aside and impugned order dated 02.09.2014 is hereby set aside.    Appeal is allowed.  Let the appellant be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

8.      The parties are directed to appear before the District Forum, Hisar on 30.11.2016.

 

 

October 27th, 2016     Diwan Singh Chauhan            R.K.Bishnoi,                                                                           Member                                  Judicial Member                                                                     Addl. Bench                            Addl.Bench                

S.K.