Haryana

StateCommission

A/732/2015

SANJAY KUMAR - Complainant(s)

Versus

DURGEE GENERAL STORE - Opp.Party(s)

S.K.YADAV

28 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    732 of 2015

Date of Institution:  04.09.2015

Date of Decision:    28.10.2015

 

Sanjay Kumar son of Shri Bal Kishan, resident of Village Sehlang, Tehsil and District Mahendergarh.

Appellant-Complainant

 

 

Versus

 

1.      Durgee General Store, Pataudi Road, Tauru, Tehsil Tauru, District Mewat through its Proprietor.

 

2.      Omax Tea Company, Plot No.104, Opposite Fazilpur Power House, Bhalgarh Road, Sonipat – 131001 (Haryana) through its Managing Director.

 

3.      M/s Balaji Trading Company, Near Bus Stand, Sohna Road, Tauru, Tehsil Tauru, District Nuh, through its proprietor.

 

Respondents-Opposite Parties

 

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

                   Mr. B.M. Bedi, Judicial Member.

      

 

Present:     Sh. Anil Kumar Gahlawat, Advocate on behalf of Sh. S.K. Yadav, Advocate for the appellant.

 

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Sanjay Kumar –complainant against the order dated August 04^th, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby, the complaint was dismissed in default.

2.      Notice of the revision was issued to the respondents by registered post acknowledgement due for today.

3.      Learned counsel for the petitioner has urged that the petitioner wrongly noted the date August 14^th, 2015 instead of August 04^th, 2015 due to which he could not appear on the date fixed and complaint was dismissed in default. 

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

5.         The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing 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. 

6.       Accordingly, the appeal is accepted and the order dated August 04^th, 2015 is set-aside.  The complaint is restored at its original number.

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

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

  

 

Announced 28.10.2015

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK