Haryana

StateCommission

RP/78/2016

ESS II INCORPORATION - Complainant(s)

Versus

GABA HOSPITAL - Opp.Party(s)

TARUN GUPTA

22 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                             

                                               

Revision Petition No  :          78 of 2016

Date of Institution:        16.09.2016

Date of Decision :         22.11.2016

 

 

M/s ESS II Incorporation C/o Bala Ji Enterprises, Opposite Dimple Cinema, Jagadhari, District Yamuna Nagar, Haryana.

 

Present Address:

M/s ESS II Incorporation, Sector 15 Road, Sector 15, HUDA, Jagadhari, District Yamuna Nagar, Haryana.

                                      Petitioner-Opposite Party

 

 

 

 

 

 

Versus

 

 

 

M/s Gaba Hospital, Jagadhari Road, Yamuna Nagar, Tehsil Jagadhari, District Yamuna Nagar, Haryana through its proprietor Dr. B.S. Gaba.

Respondent-Complainant

 

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

 

Present:               Mr. Tarun Gupta, Advocate for petitioner.

                             Mr. Shakti Kaushik, Advocate for respondent.

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          M/s ESS II Incorporation-opposite party (petitioner herein) has filed the instant revision petition against the orders dated November 09^th, 2015 and July 18^th, 2016 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short, ‘District Forum’), whereby the petitioner was proceeded ex parte and it’s application for setting aside ex parte order was dismissed, respectively.

2.      Learned counsel for the petitioner has urged that the petitioner was proceeded ex parte on the report made by the postal authorities that petitioner refused to accept the notice, which in fact was wrong as the petitioner never received notice. 

3.      He further urged that the impugned order be set aside; opportunity be given to the petitioner to file written version and contest the complaint.  The next date of hearing before the District Forum is December 05^th, 2016.

4.      Be that as it may and without delving deeper, this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the petitioner to file written version and contest the complaint.   Accordingly, this revision petition is accepted and the impugned orders are set aside. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      The parties are directed to appear before the District Forum on December 05^th, 2016, the date already fixed.

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

 

Announced 22.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK