STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

Date of Institution: 04.10.2021

  Date of final hearing:10.08.2022

Date of Pronouncement:10.08.2022

Revision Petition No.27 of 2021

IN THE MATTER OF

Bajaj Electricals Ltd., Registered Office:45/47, Veer Nariman Road, Mumbai, through its authorized person Sh. Neeraj Saini.

…..Petitioner

Versus

Sh. Gagan Deep Mehta, resident of House No.1278, Sector-16 & 17, Hisar, Haryana.

…..Respondent

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. S.C. Kaushik, Member

Present:-    Mr. Rustam Garg, Advocate for the petitioner.

                                                 ORDER

S. P. SOOD, JUDICIAL MEMBER:

                    Revision Petition is preferred against the order dated  07.12.2020 in Consumer Complaint No.602 of 2020, passed by the learned District Consumer Disputes Redressal Commission, Hisar, titled as “Gagan Deep Mehta Vs. Bajaj Electricals & Ors.” vide which the application filed by the petitioner-opposite party No.1 was proceeded against ex-parte.

2.                The argument has been advanced by Mr. Rustam Garg, learned counsel for the petitioner. With his kind assistance the revision petition had been properly perused and examined.

3.                While unfolding the arguments it has been argued by Mr. Rustam Garg, the learned counsel for the petitioner that on 07.12.2020, Sh. Neeraj Saini appeared before learned District Commission, Hisar on behalf of opposite party No.1-present petitioner and marked his presence and reader, in the court took signatures of Sh. Neeraj Saini on the blank paper for making the presence and informed about the next date of hearing i.e. 16.02.2021. Thereafter, Sh. Neeraj Saini left the court premises, but after few hours he received a call from reader and was directed to file the authority letter and further directed to come back to the court. As per the directions he went back to the court, but he was asked that the court timings are over. It is further argued that on 16.02.2021, the Haryana Government declared the public holiday on the eve of Vasant Panchami and Sir Chhotu Ram Jayanti and the matter was adjourned for 08.03.2021. On 08.03.2021, when the present petitioner appeared before learned District Commission through Sh. Neeraj Saini he was informed that the petitioner was proceeded against ex-parte vide order dated 07.12.2020. It is further argued that learned District Commission wrongly passed the order dated 07.12.2020, against the present petitioner and further prayed that order dated 07.12.2020 may be set-aside and present revision petition may be allowed.

4.                In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated against opposite party No.1 (present revisionist) vide order dated 07.12.2020, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the revisionist-opposite party No.1 is afforded an opportunity to defend itself before the learned District Commission. So, in these circumstances, orders dated 07.12.2020, passed by learned District Commission, Hisar vide which ex-parte proceedings initiated against  opposite party No.1-petitioner is set-aside qua present revisionist only and the present revision petition is allowed. Let, the petitioner be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.                The petitioner is directed to appear before the learned District Commission, Hisar on 31.08.2022 for further proceedings.

6.                This revision petition has been disposed of without issuing notice to the respondents with a view to imparting 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. In this regard, reliance can be placed on a Division Bench judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

7.                Copy of this order be sent to the District Commission, Hisar.

10^th August, 2022       S.C. Kaushik                                             S. P. Sood                                                       Member                                                         Judicial Member                                            Addl. Bench                                              Addl. Bench

R.K.