NCDRC

NCDRC

RP/2796/2013

HAR BHAJAN SINGH - Complainant(s)

Versus

COUNTRY CLUB (INDIA) LTD. & 3 ORS. - Opp.Party(s)

MR. RAJVINDER SINGH

01 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2796 OF 2013
 
(Against the Order dated 04/07/2013 in Appeal No. 620/2013 of the State Commission Delhi)
WITH
IA/4801/2013
1. HAR BHAJAN SINGH
S/O SHRI HARBANS SINGH, R/O E-5, GURU NANAK PURA, JANAK PURI
NEW DELHI - 16
...........Petitioner(s)
Versus 
1. COUNTRY CLUB (INDIA) LTD. & 3 ORS.
THROUGH ITS CHAIRMAN SHRI Y. REDDY, 6-3-1219, BEGUMPET
HYDERABAD - 500016
A.P
2. COUNTRY CLUB (INDIA) LTD.,
THROUGH ITS CHAIRMAN, SHRI Y.REDDY, 8-2-703, SILVER OAK, AMURTHA VALEEY, ROAD NO-21 , BANJARA HILLS,
HYDERABAD - 500016
A.P
3. COUNTRY CLUB (INDIA LTD),
THROUGH AUTHORISED REP. 25, COMMUNITY CENTRE, UG FLOO,R , EAST OF KAILASH, NEAR SAPNA CINEMA,
NEW DELHI - 65
4. SH.RAVI SINGH, GENERAL MANAGER,
25, COMMUNITY CENTRE UG FLOOR, EAST OF KAILASH, NEAR SAPNA CINEMA
NEW DELHI - 65
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Rajvinder Singh & Mr. Shiv Kr.
Bharti, Advocates
For the Respondent :
Ms. Neha Jain & Mohd. Azhar,
Advocates

Dated : 01 Oct 2013
ORDER

Learned counsel for the respondent submitted that she will be filing her Vakalatnama today with the registry. Heard learned counsel for the parties finally at admission stage. Learned counsel for the petitioner submitted that learned State Commission passed impugned order without hearing petitioner, which is contrary to the principle of nature of justice and hence revision petition be allowed and impugned order be set aside. Learned counsel for the respondent submitted that though State Commission ought to have issued notice to the respondent but as State Commission was convinced by the medical record, order passed by learned State Commission is in accordance with the law, hence revision petition be dismissed. Learned District Forum passed ex parte order against the opposite party/respondent and learned State Commission vide impugned order heard counsel for the appellant (Opposite party) and observed that at admission stage there is no need to hear the respondent (complainant) and passed this order. We are surprised to note that even without hearing other party (complainant) whether State Commission could have set aside ex parte order. It was obligatory on the part of the State Commission to decide the matter and set aside ex parte order only after hearing to the complainant. As impugned order was passed without hearing complainant, impugned order is liable to be set aside. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 04-07-2013 passed by learned State Commission in First Appeal No. 620/2013 Country Club (India) Ltd. & Ors. vs. Harbhajan Singh is set aside and matter is remanded back to learned State Commission to decide appeal after giving an opportunity of being heard to counsel for the complainant-petitioner. Parties are directed to appear before State Commission on 18-11-2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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