Haryana

StateCommission

RP/69/2016

HOUSING BOARD,HARYANA - Complainant(s)

Versus

FAZRUDDIN - Opp.Party(s)

JASWANT SINGH

01 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                     

                                                          Revision Petition No  :  69 of 2016

Date of Institution:        09.08.2016

Date of Decision :         01.09.2016

 

Housing Board Haryana, C-15, Awas Bhawan, Sector 6, Panchkula through its Chairman/Principal Officer.

 

                                      Petitioner-Opposite Party No.1

 

Versus

 

1.      Fazruddin son of Sh. Jaan Mohammed, resident of 874 (42-2), Adarsh Nagar, Unchagaon, Ballabgarh, Faridabad.

 

Respondent-Complainant

2.      Andhra Bank, SCO No.31, Sector 55, Ballabgarh, Faridabad through its Branch Manager/Principal Officer.

 

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member                      

 

 

Present:               Mr. Jagwant Singh, Advocate for petitioner

 

 

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

 

          Housing Board Haryana-opposite party (petitioner) is in revision against the orders dated 01.05.2015 and 08.07.2015 passed by District Consumer Disputes Redressal Forum, Faridabad (for short District Forum) whereby the petitioner was proceeded ex parte and its application for setting aside ex-parte order was dismissed respectively.

2.      Learned counsel for the petitioner has urged that an opportunity be granted to the petitioner to file reply and contest the complaint.  The next date of hearing before the District Forum is September 21^st, 2016.

3.      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.  Justice is the goal of jurisprudence.  Therefore, this Commission deems it appropriate to allow the petitioner to contest the complaint. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Following Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur(CWP No.9563 of 2002) decided on June 27^th, 2002 passed by a Division Bench of Hon’ble High Court of Punjab and Haryana, this revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.

5.      Accordingly, this revision petition is accepted and the orders dated 01.05.2015 and 08.07.2015 are set aside subject to the conditional cost of Rs.10,000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The cost be recovered from the salary of the official concerned, who delayed the proceedings. The petitioner is accorded opportunity to file reply and join the proceedings.

6.      The petitioner is directed to appear before the District Forum, on September 21^st, 2016, the date already fixed.

7.      Copy of this order be sent to the District Forum as well as Chairman, Haryana Housing Board, Sector 6, Panchkula for appropriate action.

 

Announced 01.09.2016

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

UK