Haryana

StateCommission

RP/11/2018

M/S LIFE STYLE SUPERTECH PVT. LTD. - Complainant(s)

Versus

GEETA TYAGI - Opp.Party(s)

N.D. ACHINT

19 Feb 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.11 of 2018

Date of Institution:  08.02.2018

Date of Decision:   19.02.2018

 

LifeStyle Supertech Private Limited, having its office at 10, 2^nd Floor, Ninex City Mart, Sohna Road, Gurgaon, 122018, through its Chief Operating Officer Mr. Amit Goel.

 

Petitioner-Opposite Party

 

Versus

 

Geeta Tyagi wife of Shri Dinesh Kumar Tyagi, resident of # J-199, Sector 41, Noida, U.P.

 

 

Respondent-Complainant

 

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

                   Shri Balbir Singh, Judicial Member.

                         

 

Present:     Shri N.D. Achint, counsel for the petitioner.

         

                            

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

LifeStyle Supertech Private Limited, Gurgaon-opposite party (petitioner herein) is in revision against the order dated January 04^th, 2018 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby the petitioner was proceeded ex parte on account of non-filing of written version within a period of 45 days as envisaged under Section 13(1) of the Consumer Protection Act, 1986.

2.      Learned counsel for the petitioner has urged that the counsel representing the petitioner did not appear before the District Forum for some reasons or the other, for which the petitioner should not suffer. The next date of hearing before the District Forum is February 22^nd, 2018 for recording evidence of the complainant.

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 order is set aside and opportunity is granted to the petitioner to file written version and contest the complaint. 

4.      Accordingly, this revision petition is accepted and the impugned order is set aside. Consequently, the petitioner is accorded opportunity to file written version and join the proceedings.

5.      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.  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.

6.      The petitioner is directed to appear before the District Forum, on February 22^nd, 2018, the date already fixed.

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

 

  

February 19th, 2018

(Balbir Singh)  Judicial Member

(Nawab Singh) President

D.R.