Chandigarh

StateCommission

RP/7/2017

APPLE India Pvt.Ltd. - Complainant(s)

Versus

Avtar Singh - Opp.Party(s)

Devinder Kumar Adv.

05 May 2017

ORDER

This revision petition has been filed by the revision petitioner/Opposite Party No.3, against order dated 21.03.2017 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (in short “the Forum” only), vide which, the aforesaid revision petitioner was ordered to be proceeded against exparte.

2.                Let notice of this revision petition be issued to the respondent No.1/complainant.

3.           Sh. Gaurav Bhardwaj, Advocate, who is representing the respondent No.1/complainant before the Forum, is present in Court in some other case. On our asking, he accepts notice of this revision petition on behalf of the respondent No.1/complainant and filed his memorandum of appearance, which is taken on record. Copies of the revision petition and other documents annexed therewith have been supplied to him.

4.           It is stated by Counsel for the revision petitioner that due to wrong noting down of the date by the Counsel, who was asked to defend the complaint he failed to put in appearance on that date, which resulted into passing of abovesaid order

5.           Sh. Gaurav Bhardwaj, Advocate, Counsel for the respondent No.1/complainant very fairly states that let the complaint be heard on merits. We appreciate the stand taken by the Counsel for the respondent No.1/complainant, as the stand taken will help the non-applicant/complainant in earlier disposal of the matter.

6.           In view of above, this revision petition is allowed. Order, under challenge, is set aside to the extent ordering exparte proceeding against the revision petitioner/Opposite Party No.3.

7.           Parties are directed to appear before the Forum on the date already fixed i.e. 08.05.2017 and within 10 days thereafter, reply and evidence/affidavit be placed on record, failing which, this revision petition shall be deemed to have been dismissed and no further opportunity shall be granted.

8.           Order passed is subject to payment of Rs.2,000/- as cost. Let amount of cost be paid by the Counsel for the Revision Petitioner/Opposite Party No.3 to respondent No.1/complainant on the next date before the Forum.

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

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

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