Haryana

StateCommission

RP/1/2019

TRICITY FORD - Complainant(s)

Versus

DR. RAJEEV VATS AND OTHERS - Opp.Party(s)

ABHINAV AGGARWAL

29 May 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                             

 

Revision Petition No :  01 of 2019

Date of Institution:       02.01.2019

Date of Decision :        29.05.2019

 

 

Tricity Ford (Ford Dealer),  a Unit of Rama Motor Sales and Service Private Limited, 349, Industrial Area, Phase II, Panchkula, Haryana through its authorized officer.

                                      Petitioner-Opposite Party No.1

 

Versus

 

1.      Dr. Rajeev Vats, aged about 47 years, son of Sh. Satpal Vats, resident of House No.1382, Sector 13, Urban Estate, Kurukshetra.

Respondent No.1-Complainant

 

2.      ICICI Lombard General Insurance Company Limited, ICICI Lombard House, 414, Veer Savarkar Marg, near Sidhivinayak Temple, Prabha Devi, Mumbai through its Managing Director.

 

3.      ICICI Lombard General Insurance Company Limited, 4^th Floor, The Statement, Plot No.149, Industrial Area, next to Hometel Hotel, Chandigarh through its Regional Manager/Authorized Officer.

 

4.      Pearl Ford, Ford Dealer, NH-1, VPO Umri, G.T. Road, Kurukshetra through its Authorized Officer.

 

5.      Sunil Chaudhary, Surveyor, ICICI Lombard General Insurance Company Limited, 4^th Floor, The Statement, Plot No.149, Industrial Area, next to Hometel Hotel, Chandigarh.

Respondents No.2 to 5-Opposite Parties No.2 to 5

 

 

 

CORAM:             Hon’ble Mr. Justice T.P.S. Mann, President.

                             Shri Diwan Singh Chauhan, Member                      

 

 

Present:               Shri Abhinav Aggarwal, counsel for the petitioner.

                             Shri Aditya Bhushan, counsel for respondent No.1-complainant

 

 

                                                   O R D E R

 

 

 

 

 

T.P.S. MANN J.

 

          The petitioner, who is one of the opposite parties in the complaint titled as ‘Dr. Rajeev Vats Vs. Tricity Ford (Ford Dealer) and Others’ has filed the instant revision petition for challenging the order dated 06.07.2018 passed by learned District Forum, Kurukshetra whereby it was ordered to be proceeded against ex parte.

2.      A perusal of the impugned order makes out that the notice issued to opposite party No.1 i.e. the petitioner, through registered post was not received back unserved and a period of 30 days had elapsed since issuance of the notice, and none had appeared on behalf of the petitioner considered to be valid service and as it did not put in appearance, it was ordered to be proceeded against ex parte.

3.      Notice of the revision stands issued to respondent No.1, who is the sole complainant in the case. 

4.      Learned counsel for the petitioner submits that the summons issued by the learned District Forum were neither received nor refused to be accepted by the petitioner at any time.  The complaint is still at the stage of recording of evidence of remaining opposite parties for 07.06.2019.  It is further submitted that in case the petitioner is not allowed to join the complaint instituted by respondent No.1, he shall suffer irreparable loss and injury.  Prayer has accordingly been made for granting one more opportunity to him for joining the proceedings in the complaint. 

5.      Per contra, learned counsel for respondent No.1 states that the petitioner was very well aware of the proceedings arising out of the complaint preferred by him but he intentionally avoiding putting in appearance before the learned District Forum.  Accordingly, it has been stated that the revision be dismissed.

6.      After hearing learned counsel for the parties and on going through the impugned order, the State Commission is of the view of that the petitioner does deserve an opportunity for participating in the proceedings arising out of the complaint instituted by respondent No.1. 

7.      The Hon’ble National Consumer Commission in Fiat India Automobiles Limited Vs. Baldev Raj and Anr., Revision Petition No.956 of 2014 decided on 26.02.2014 observed as under:-

          “Perusal of record reveals that on 06.11.2012, the District Forum proceeded exparte against the petitioner, as notice of the petitioner not received back served or unserved and more than one month had passed. Thus, it becomes clear that on the presumptions of service, the District Forum proceeded exparte against the petitioner. Learned counsel for the petitioner submitted that petitioner did not receive any notice and came to know about the proceedings only by E-mail dated 17.09.2013 received from Mr. Gaurav Jain, Advocate. Immediately, petitioner approached to the State Commission for setting aside the exparte order.

           The State Commission observed that as there was delay of 280 days in filing this revision petition, it was not maintainable. Looking to the facts and circumstances of the case, when notice was not served on the petitioner and exparte order was passed only on the basis of presumptions, the State Commission ought to have condoned the delay and allowed revision petition and set aside exparte order. On the contrary, the State Commission erroneously held that revision petition was filed with the delay of 280 days and dismissed revision petition.”

8.      Resultantly, the revision is accepted, impugned order dated 06.07.2018 passed by the learned District Forum to the extent of proceeding ex parte against the petitioner is set aside and he is allowed to join the proceedings in the complaint titled as ‘Dr. Rajeev Vats Vs. Tricity Ford (Ford Dealer) and Others’.  He shall appear before the learned District Forum on 07.06.2019 and file the written version.  The present order is, however, subject to costs of Rs.3,000/- to be paid by the petitioner to respondent No.1-the sole complainant before the learned District Forum.

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

 

 

 

Announced 29.05.2019

(Diwan Singh Chauhan) Member

(T.P.S. Mann) President

UK