Haryana

StateCommission

RP/134/2016

GLOBAL AUTOMOBILES PVT.LTD. - Complainant(s)

Versus

BALRAJ SHARMA - Opp.Party(s)

NIRMAL SHARMA

06 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   134 of 2016

                                                Date of Institution:       23.12.2016

                                                Date of Decision:         06.01.2017

  

Globe Automobiles Pvt. Ltd. (Globe Toyota), Ambala Road, Kaithal and having its head office at Plot No.75, Industrial Area, Phase-I, Chandigarh (UT).

Petitioner-Opposite Party No.1

Versus

 

Balraj Sharma son of Bharat Ram, R/o VPO Karora, District Kaithal.

Respondent-Complainant

 

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

Mr. B.M. Bedi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.  

 

Present :    Sh. Abhinandan Pandhi, Advocate for the petitioner.

 

 

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By filing the present revision petition, Globe Automobiles Private Limited-opposite party No.1 (petitioner) has challenged the order dated December 06^th, 2016 passed by District Consumer Disputes Redressal Forum, Kaithal (for short ‘District Forum) whereby its defence was struck off for non-filing of written version.

2.      Learned counsel for the petitioner has urged that on December 06^th, 2016 the written version could not be filed because the Legal Department of the petitioner had sent the written version in the evening.

3.      He further urged that the impugned order be set aside and opportunity be given to the petitioner to file written version.  The next date of hearing before the District Forum is January 09^th, 2017.

4.      The object is to expedite the hearing and not to scuttle the same. While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried.  No party should ordinarily be denied the opportunity of participating in the process of justice dispensation.  Thus, this revision petition is allowed and the impugned order is set-aside subject to conditional cost of Rs.3,000/- to be paid to the complainant. Consequently, the petitioner is accorded opportunity to file written version on the date fixed, that is, January 09^th, 2017 before the District Forum.

5.      This petition is disposed of without issuing notice to the respondent 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 High Court of Punjab and Haryana Court rendered in Batala Machine Tools Workshop Cooperative vs. Presiding Officer, Labour Court, Gurdaspur (CWP No. 9563 of 2002) decided on June 27th, 2002.

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

 

January 06th, 2017

(Urvashi Agnihotri) Member

(B.M.Bedi) Judicial Member

(Nawab Singh) President

U.K