STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution: 30.11.2023
Date of final hearing:20.12.2023
Date of pronouncement: 20.12.2023
Revision Petition No.92 of 2023
IN THE MATTER OF
Ummed Housing Finance Pvt. Ltd. 318, DLF, Magnolias, Sector-42, Golf course road, Gurugram-122002.
(As mentioned in the complaint)
Ummed Housing Finance Pvt. Ltd. through its duly authorized person Shri Lalit Kumar, a valid power of attorney holder of the Applicant-company and presented posted as Legal Manager, Ummeed, Housing Finance Pvt. Ltd., Regional Office, at its registered office at Unit No.809-815, 8th Floor, Tower-A, Emmar, Digital Greens, Golf Course Extension Road, Sector-61, Gurugram.
.….Petitioner.
Through counsel Mr. Devinder Kumar, Advocate
Versus
1. Babina W/o Shri Ashok Kumar.
2. Mithlesh W/o Ramesh Kumar both R/o Village Madhavi, Tehsil and District Bhiwani.
3. Kotak Mahindra Life Insurance Company Ltd., having its Branch office at Circular Road, Bhiwani, through its authorized signatory.
….Respondents
CORAM: S.P. Sood, Judicial Member.
Present:- Mr. Devinder Kumar, counsel for the petitioner.
O R D E R
PER: S.P. SOOD, JUDICIAL MEMBER:
Present Revision Petition is preferred against the order dated 06.10.2023 in Consumer Complaint No.145 of 2023, passed by the learned district consumer Disputes Redressal Commission, Bhiwani, vide which the present petitioner-opposite party No.2 (‘OP’) was proceeded against ex-parte.
2. The arguments have been advanced by Mr. Devinder Kumar, learned counsel for the petitioner. With his kind assistance the entire revision petition had also been properly perused and examined.
3. While unfolding the arguments Mr. Devinder Kumar, learned counsel for the petitioner emphasized that notice of the complaint was served upon present petitioner-opposite party No.2 at Ummed Housing Finance Pvt. Ltd. 318, DLF, Magnolias, Sector-42, Golf course road, Gurugram-122002 which office is not in operation and also not the Head Office and only guards have been deputed and the envelope of the notice remained lying with the guard who failed to inform the seniors about the said envelope/notice received from the learned district Commission and thereafter the said envelope/notice was sent to the registered office of the petitioner-opposite party No.2 at Unit No.809-815, 8th Floor, Tower-A, Emmar, Digital Greens, Golf Course Extension Road, Sector-61, Gurugram much afterwards and was received to the registered office on 09.10.2023. On 09.10.2023 when this fact came to the knowledge of the petitioner-opposite party No.2 the same was forwarded to the legal team and counsel was engaged who inspected that court file and inform the petitioner-opposite party No.2 the due to non-appearance ex-parte proceedings have already initiated against the petitioner-opposite party No.2 vide order dated 06.10.2024 by learned district commission. He further argued that from the date of knowledge about the ex-parte order petitioner-opposite party No.2 immediately applied for copy of the ex-pate order and filed this revision petition. Hence, learned counsel for present petitioner-opposite party No.2 could not appear before the learned District Commission, due to certain unavoidable circumstances and has been proceeded against ex-parte on 06.10.2023. He further argued that non-appearance of petitioner-opposite party No.2 before the learned district commission was neither intentional nor willful rather it was for some reasons beyond his control and further prayed that order dated 06.10.2023, passed by learned district commission may please be set aside and present revision petition may be allowed.
4. In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated before learned district commission against the present petition-OP No.2, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the present petitioner-OP No.2 is afforded an opportunity to defend themselves before the learned district commission. So, in these circumstances, order dated 06.10.2023, passed by learned district commission, Bhiwani, vide which ex-parte proceedings initiated against present petitioner- OP No.2 is set-aside and the present revision petition is allowed subject to depositing of Rs.3,000/- as of costs to be paid by the present petitioner-OP No.2 to the complainant before learned district commission, Bhiwani. Let, the present petitioner-OP No.2 be afforded an opportunity to appear before learned District Commission and to file its reply as well as to lead its evidence etc. thereafter, the complaint be decided on merits.
5. The petitioner is directed to appear before the learned District Commission, Bhiwani on 09.02.2024 for further proceedings.
6. This revision petition has been disposed of without issuing notice to the respondent with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent 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 Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.
7. Application(s), if any, is disposed off in terms of the aforesaid order.
8. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.
9. File be consigned to record room alongwith a copy of this order.
Pronounced on 20th December, 2023 S.P. Sood Judicial Member Addl. Bench-1
