Haryana

StateCommission

RP/23/2016

MAKEMYTRIP(INDIA) PVT.LTD. - Complainant(s)

Versus

DEVENDRA - Opp.Party(s)

NAVEEN SHARMA

15 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   23 of 2016

                                                Date of Institution:       23.02.2016

                                                Date of Decision:         15.03.2016

 

Makemytrip (India) Private Limited, having its Corporate Office at: UG-7, TDI Mall, Shivaji Palace Complex, Rajouri Garden, New Delhi – 110027 and Corporate Office at Tower-A, SP Infocity, Plot No.243, Udyog Vihar, Phase-I, Gurgaon-122016.

Petitioner-Opposite Party

 

Versus

 

Shri Devendra son of Shri L.P. Verma, Flat No.620, Hewo Apartment, GH42, Sector 56, Gurgaon.

Respondent-Complainant

 

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

 

Present :    Sh. Naveen Sharma, Advocate for the petitioner.

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

          Makemytrip (India) Private Limited-opposite party (petitioner) is in revision against the order dated December 10^th, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum), whereby its defence was struck off for non-filing of reply.

2.      Learned counsel for the petitioner has urged that the impugned order be set aside and opportunity be given to the petitioner to file reply.  The next date of hearing before the District Forum is April 08^th, 2016.

3.      Hon’ble Supreme Court in Shaikh Salim Haiji Abdul Khayumsab versus Kumar and others, 2005 (4), RCR (Civil), 823, observed that 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 order dated November 04^th, 2015 is set-aside subject to conditional cost of Rs.5,000/- to be paid to the complainant. Consequently, the petitioner is accorded opportunity to file reply on the date fixed before the District Forum, that is, April 08^th, 2016.

4.      This petition 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 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.

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

 

 

Announced 15.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK