Haryana

StateCommission

A/19/2016

DEVENDER SINGH PARMAR - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

RAMENDER CHAUHAN

01 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.   19 of 2016

Date of Institution: 07.01.2016

Date of Decision:   01.03.2016

 

Devender Singh Parmar son of late Sh. Dharam Pal Singh, resident of House No.111, Vijay Nagar, Bhiwani, Tehsil and District Bhiwani.

                                      Appellant-Complainant

Versus

1.      Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Limited, Bhiwani.

2.      The Sub Divisional Officer, Dakshin Haryana Bijli Vitran Nigam Limited, Bhiwani, District Bhiwani.

                             Respondent-Opposite Parties

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

         

                                      

Present:     Shri A.K. Goyal, Advocate for the appellant.

                   Shri B.D. Bhatia, Advocate for the respondents.

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

This appeal has been filed by Devender Singh Parmar–complainant against the orders dated May 14^th and November 27^th, 2015 passed by District Consumer Disputes Redressal Forum, Bhiwani  (for short, ‘District Forum’) whereby the complaint was dismissed in default and the application for restoration of complaint was also dismissed respectively.

2.      Notice be issued to the respondents.

3.      Sh. B.D. Bhatia, Advocate accepts notice on behalf of the respondents.

4.      Learned counsel for the appellant has urged that the complainant wrongly noted the date due to which he could not appear on the date fixed and complaint was dismissed in default. 

5.      He further urged that the impugned order be set aside and complaint be restored at its original number.

6.       The purpose of the law is to secure the ends of justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant.

7.      Accordingly, the appeal is accepted and the orders dated 14^th and November 27^th, 2015 are set-aside.  The complaint is restored to the board of the District Forum for adjudication on merits.

8.      The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

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

 

 

Announced: 01.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

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