Haryana

StateCommission

RP/15/2018

AMAZON SELLER SERVICES PVT.LTD. - Complainant(s)

Versus

GAURAV LUTHRA - Opp.Party(s)

VISHAL KHATTAR

16 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    15 of 2018

Date of Institution:       23.02.2018

Date of Decision:         16.03.2018

 

Amazon.in (correct name Amazon Seller Services Private Limited) registered office at Brigade Gateway, 08^th Floor, 26/1, Dr. Raj Kumar Road, Malleshwaram (W), Bangalore-560055, India, through its authorized signatory Shri Rahul Sundaram.

 

…….Petitioner-Opposite Party No.1

 

Versus

 

1.      Gaurav Luthra son of Shri S.K. Luthra, resident of House No.160, Street No.5, Azad Nagar, Yamuna Nagar, District Yamuna Nagar.

 

……Respondent No.1-Complainant

 

2.      Intex Technologies (India) Limited, B-26, Sector-83, Noida, District Gautam Budh Nagar, UP-201301, through its Managing Directors.

 

……Respondent No.2-Opposite Party No.2

 

3.      Teleworld, ShopNo.24/75, Thapar Colony, New Gurbani Lab Street, Yamuna Nagar-135001, Haryana (authorized service centre of OP No.2).

 

……Respondent No.3-Opposite Party No.3

 

 

 

 

CORAM:   Shri Balbir Singh, Judicial Member.

 

 

Present:     Shri Vishal Khattar, counsel for the petitioner

 

 

 

O R D E R

 

 

BALBIR SINGH, JUDICIAL MEMBER

 

Amazon Seller Services Private Limited-opposite party No.1 (petitioner herein) is in revision against the orders dated January 11^th, 2018 and February 06^th, 2018 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar at Jagadhri (for short ‘District Forum’), whereby the petitioner was proceeded ex parte and its application for setting aside the ex parte order was dismissed, respectively.   

2.      Learned counsel for the petitioner has urged that summons were misplaced in the dispatch department of petitioner due to which nobody could appear on behalf of petitioner before the District Forum on January 11^th, 2018 and was proceeded ex parte. The next date of hearing before the District Forum is April 11^th, 2018.

3.      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 orders are 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 orders dated January 11^th, 2018 and February 06^th, 2018 are set aside. The petitioner is accorded opportunity to file written version and join the proceedings.

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

5.      The petitioner is directed to appear before the District Forum, on April 11^th, 2018, the date already fixed.

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

               

                                                                                         

Announced 16.03.2018

(Balbir Singh) Judicial Member

D.R.