Haryana

StateCommission

RP/73/2017

HOLIDAY INN CHANDIGARH - Complainant(s)

Versus

BRIJESH GUPTA - Opp.Party(s)

RISHI KAUSHAL

24 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   73 of 2017

                                                Date of Institution:       16.08.2017

                                                Date of Decision:         24.04.2018

  

1.      Holiday INN Chandigarh Panchkula, through its General Manager, City Center, Sector-3, Panchkula.

 

2.      Ashwani Kumar, Catering Sales Manager, Holiday INN Chandigarh Panchkula City Center, Sector-3, Panchkula

 

….Petitioners-Opposite Parties

 

Versus

 

Brijesh Gupta son of Shri Shree Bagwan Gupta, Shop No.3, First Floor, Raghushree Market, Ajmeri Gate, Delhit-110006.

 

….Respondent-Complainant

 

 

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

                   Shri Balbir Singh, Judicial Member.

 

 

Present :    Mrs. Meghna Malik, counsel for the petitioners.

                   Shri Vivek Khadwal, counsel for the respondent.  

                  

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By filing this revision petition, Holiday INN Chandigarh Panchkula and it’s official-opposite parties (petitioners) have challenged the order dated June 13^th, 2017 passed by District Consumer Disputes Redressal Forum, Panchkula (District Forum) whereby defence of petitioners was struck off on account of non-filing of written version. 

2.      Learned counsel for the petitioners has urged that impugned order be set-aside and petitioners be granted opportunity to file written version and contest the case on merits. The next date of hearing before the District Forum is May 04^th, 2018.

3.      It is always better to decide the matter on merits. Ends of justice would be met if an opportunity is granted to the petitioners to file written version and contest the complaint.   Therefore, this Commission deems it appropriate to allow the petitioners to file written version. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is allowed and the impugned order dated June 13^th, 2017 is set-aside subject to conditional cost of Rs.3000/- to be paid to the complainant-respondent on the date fixed before District Forum. Consequently, the petitioners are accorded opportunity to file written version on the date fixed, that is, May 04^th, 2018 before the District Forum.  

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

 

Announced: 24.04.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.