Haryana

StateCommission

A/22/2017

VITAL GRAINS PVT.LTD. - Complainant(s)

Versus

BALAJI FINSERV - Opp.Party(s)

S.R.BANSAL

16 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    22 of 2017

Date of Institution:  04.01.2017

Date of Decision:    16.02.2017

 

M/s Vital Grain Private Limited Madanpur, G.T. Road Karnal 132001 through its Proprietor Mr. Preet Mohan Singh.

….Appellant-Complainant

Versus

 

1.      Branch Manager, M/s Bajaj Finserv, Subsidiary Branch of M/s Bajaj Finance Ltd., 2^nd Floor, SCO 225, Sector-12, Karnal.

 

2.      M/s Bajaj Finserve, Subsidiary Branch of M/s Bajaj  Finance Ltd., 2^nd Floor, Sheela Shopee, Sanjay Chowk, Opposite Hotel Mid Town, G.T. Road, Panipat.

 

…Respondents-Opposite Parties No.1 & 2

 

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

                   Mr. Balbir Singh, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.                    

 

Present:     Mr. S.R. Bansal, counsel for the appellant.

 

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

By filing this appeal, M/s Vital Grain Private Limited-complainant has challenged the order dated November 10^th, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby, the complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that counsel appearing on behalf of the appellant could not appear before the District Forum on November 10^th, 2016 and as such, the complaint was dismissed in default. 

3.      The complaint was dismissed in default because the counsel of the appellant did not appear before the District Forum. So, it cannot be said that there was negligence or a will not to pursue the complaint by the complainant. Therefore, this Commission deems it appropriate to restore the complaint. 

4.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication.

5.      This appeal is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents 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 Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

6.      The appellant is directed to appear before the District Forum on March 28^th, 2017.

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

  

 

Announced 16.02.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.