Haryana

StateCommission

RP/33/2019

VODOFONE IDEA LIMITED - Complainant(s)

Versus

DEEPAK BUBBER AND ANOTHER - Opp.Party(s)

VISHAL GUPTA

02 May 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.33 of 2019

 Date of Institution 22.04.2019

  Date of Decision:02.05.2019

 

M/s Vodafone Idea Ltd., a Limited (earlier known as Idea Cellular Ltd.) Company incorporated under the provisions of the Companies Act, 1956, having its registered office at Suman Towers, Plot No.18, Sector 11, Gandhinagar, Gujrat and Regional Office at C-105, Industrial Area, Phase-7, SAS Nagar (Mohali) through its authorized signatory Mr. Manoj Madan, aged 42 years.

…..Revisionist.

Versus

 

1.      Deepak Bubber, Director Bubber Industries Pvt. Ltd., Plot No.175, Industrial Area, Phase-II, Panchkula, Haryana.

 

2.      Branch Manager, State Bank of India, SCF No.136, Sector-17, Industrial Estate, Panchkula.

…Respondents

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                                     

Present:-    Mr.Vishal Gupta, Advocate for the revisionist.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

1.                As per order dated 29.04.2019 contained in letter No.991, I am conducting these proceedings singly.

2.                Present revision petition has been filed by the revisionist against the impugned order dated 11.03.2019 passed by learned District Consumer Disputes Redressal Forum, Panchkula (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party No.1 before learned District Forum, was proceeded against ex-parte.

3.                Feeling aggrieved therefrom, revisionist-opposite party No.1 has preferred the present revision petition.

4.               The argument have been advanced by Sh. Vishal Gupta, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition had been properly perused and examined.

5.                Learned counsel for the revisionist vehemently argued that the notice sent by learned District Forum was served upon the revisionist on 28.01.2019 at their regional office at Mohali. However, the said notice was misplaced at the reception of revisionist company. So, the present revisionist could not appeared before learned District Forum on 11.03.2019. It has further argued that the present revisionist has been arrayed as party in other cases pending before the learned District Forum and the same are being contested on merits and as such it was never the intention of the revisionist evade the process of law or not to appear before the learned District Forum. It has further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated  11.03.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing written statement, lead evidence and advancing final arguments on merits.

6.                From the perusal of record, it is clear that the present revisionist- opposite party No.1 was proceeded against ex-parte by the learned District Forum, Panchkula vide order dated 11.03.2019. However, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 11.03.2019 passed by learned District Forum, Panchkula is set-aside for all intents and purposes, present revision petition stands allowed. The matter is remitted back to the District Forum, Panchkula to decide the complaint on merits after affording an opportunity to present revisionist to file written statement and to lead respective evidence. The revision petition be consigned to the record room.

7.                Parties are directed to appear before the District Forum, Panchkula on 16.05.2019 for further proceedings. 

 

 

 

May   02^nd, 2019                                                                     Ram Singh Chaudhary                                                                                                        Judicial Member                                                                                                                   Addl. Bench              

           

R.K.