| Revision Petition No. RP/21/11 | | ( Date of Filing : 25 Aug 2021 ) | | (Arisen out of Order Dated in Case No. CC/323/2021 of District Nagpur) |
| | | | 1. YASHWANT S.O. AJABRAO KHODKE | | R.O. PLOT AND BUNGALOW NO .7,VIKAS NAGAR , OPPOSITE SAI MANDIR, NAGPUR 440015 MAHARASHTRA | | 2. RANJANA W.O. YASHWANT KHODKE | | M.S. NANIS BUILDCON PVT LTD.OFFICE AT J 13, WHC ROAD, LAXMI NAGAR, NAGPUR 440022 R.O. PLOT AND BUNGALOW NO .7,VIKAS NAGAR , OPPOSITE SAI MANDIR, NAGPUR 440015 MAHARASHTRA |
| ...........Appellant(s) | |
| Versus | | 1. DEWAJI S.O. RAMJI GURUMUKHI | | R.O. PLOT NO.66,VEDANT OILVINE, FLAT NO.401, 4TH FLOOR , OLD SNEH NAGAR, NEAR YASHODA GIRLS COLLAGE, NAGPUR 440015 |
| ...........Respondent(s) |
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| Final Order / Judgement | PER MR. A. Z. KHWAJA HON'BLE PRESIDING MEMBER - Petitioner Nos.1 & 2 have preferred the present petition feeling aggrieved by the order dated 2/8/2021 passed by the learned District Consumer Commission, Nagpur, in Consumer Complaint Nos.CC/21/323 whereby the Learned Consumer Commission, Nagpur proceeded exparte against the Petitioners. Petitioners have contended that the Respondent Devaji Gurumukhi filed Consumer Complaint alleging deficiency in service before the learned District Consumer Commission, Nagpur and the complaint came to be registered as Consumer Comlaint No.CC/21/323. After filing of the complaint, due notice was issued to the Petitioner/Opponents on 25/6/2021 and the same was received by the Petitioners on 12/7/2021. Petitioners have contended that thereafter the matter was fixed for appearance of the Petitioners but the Petitioners who were directors of the Petitioer Company could not appear as they were out of station on 28/7/2021 and so, the matter was kept again on 2/8/2021. Petitioners have contended that on 2/8/2021, as the Petitioners/Opponents remained absent, the learned District Consumer Commission, Nagpur proceeded exparte against the present Petitioners. Petitioners have further contended that the Respondent/complainant had filed a false and fabricated complaint alleging deficiency in service but the Petitioners/Opponents were unable to contest the petition on merits and did not get opportunity to file the Written Version on record. Secondly, it is contended on behalf of the Petitioners that the impugned order dated 2/8/2021 came to be passed by the learned District Consumer Commission, Nagpur in the period when the Covid-19 Pandemic was prevailing and working in all the offices and courts was affected. But this aspect was not taken into consideration.
- After the filing of the petition, notice was also issued to the Respondent/Complainant and Respondent has appeared through counsel Mrs.Rohilla, Advocate.
- We have heard Mrs.S.K.Paunikar, learned advocate for the Petitioners as well as Mrs.Rohilla, learned advocate for the Respondent. We have also perused the documents, copies of which are filed on record.
- It is argued by Mrs.Paunikar, learned advocate for the Petitioners that the impugned order under challenge regarding proceeding ex-parte came to be passed when all the offices, courts and tribunals were not working due to Covid-19 pandemic and directions were also given not to take any coercive steps in absence of parties. But despite of this aspect, the impugned order came to be passed on 2/8/2021. It is submitted by learned advocate for the Petitioners that due to the impugned order dated 2/8/2021, the Petitioner Nos.1 & 2 could not contest the complaint on merits and were unable to file Written version on record and this prevented petitioner from defending the complaint.
- We have also heard Mrs.Rohilla, learned advocate for the Respondent/complainant. There can be no dispute that the said order dated 2/8/2021 came to be passed during the prevalence of Covid-19 pandemic. We are also aware of the fact that the purpose of issuing notice to the Opponents was to enable the Opponents to file Written Version to put forth its defense and so, by proceeding exparte, the opportunity granted to the Opponents to contest the complaint on merit, is lost. We do find that the period from 15/3/2020 to 28/2/2022 was also exempted by the Hon’ble Apex Court for the purpose of limitation. In such circumstances, the contention of the learned advocate for the Petitioner needs consideration. We, therefore, feel that due opportunity needs to be granted to the Petitioner Nos.1 & 2 to file Written Version on record and so, it is necessary to set aside the impugned order dated 2/8/2021. In view of the same, we hereby set aside the exparte order dated 2/8/2021 and pass the following order.
ORDER i. Revision Petition is hereby partly allowed. ii. Order dated 2/8/2021 passed by the learned District Consumer Commission, Nagpur is hereby set aside and the matter is remanded back to the learned District Consumer Commission, Nagpur for deciding complaint afresh by giving opportunity to both the sides. iii. Petitioners are hereby directed to appear before the learned District Consumer Commission, Nagpur and file written version within a period of 3 weeks from the receipt of this order. iv. The learned District Consumer Commission, Nagpur is hereby directed to decide the complaint as expeditiously as possible. v. Copy of order be furnished to both the parties, free of cost. | |
