Haryana

StateCommission

RP/93/2016

LATHER AGRO CO. - Complainant(s)

Versus

ASHOK KUMAR - Opp.Party(s)

NEERU BANSAL

06 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

 

 

                                                          Revision Petition No  :  93 of 2016

Date of Institution:        24.10.2016

Date of Decision :         06.01.2017

 

 

1.      Lather Agro Company, Shop No.3, Namdev Dharamshala, Opposite T.B.  Hospital, Sirsa Road, Hisar through its proprietor Sh. Vikas Lather son of Sh. Brij Pal Singh Lather.

 

2.      Hari Bhoomi Seeds, Satguru Vihar, Chandan Nagar, Balsamand Road, Hisar through its Proprietor and Authorised Signatory Sh. Vikas Lather son of Sh. Brij Pal Singh Lather.

 

                                      Petitioners-Opposite Parties

 

Versus

 

Ashok Kumar age 22 yeas son of Sh. Prithvi Singh, resident of Village Patan, Tehsil and District Hisar.

                                      Respondent-Complainant

 

 

 

 

 

 

 

 

 

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member                      

 

                                                         

Present:               Ms. Neeru Bansal, Advocate for petitioners.

 

 

                                                   O R D E R

 

 

NAWAB SINGH J, (ORAL)

 

Lather Agro Company and Hari Bhoomi Seeds-opposite parties are in revision against the order dated September 22^nd, 2016 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby the petitioners were proceeded exparte.

2.      Vide Detailed Track Events (copy enclosed) for RH225609478IN whereby notice was issued to respondent, article was delivered to him on December 22^nd, 2016.  Despite service, respondent did not appear.

3.      Learned counsel for the petitioners has urged that the counsel appearing before the District Forum fell ill on September 22^nd, 2016, due to which he could not appear on the date fixed and was proceeded ex parte. 

4.      She further urged that the impugned order be set aside; opportunity be granted to the petitioners to file written version and contest the complaint. The next date of hearing before the District Forum is January 16^th, 2017.

5.      Be that as it may and without delving deeper, the revision petition is accepted and the  this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the petitioners to file written version and contest the complaint.  For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

6.      Accordingly, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.3000/- which is to be paid by the petitioners to the respondent-complainant, on the date fixed, before the District Forum. The petitioners are accorded opportunity to file written version and join the proceedings.

7.      The petitioners are directed to appear before the District Forum, on January 16^th, 2017, the date already fixed.

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

 

Announced 06.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK