Haryana

StateCommission

A/297/2019

ASHOK KUMAR - Complainant(s)

Versus

GLOBE TOYOTA CO. AND ANOTHER - Opp.Party(s)

NAMIT KHURANA

04 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.297 of 2019

 Date of Institution:29.03.2019

  Date of Decision:04.04.2019

 

Ashok Kumar aged 45 years S/o Sh. Ram Dhan Singh, R/o House No.91-D, Professor Colony, District Yamuna Nagar.

…..Appellant.

Versus

 

1.      Globe Toyota Co. at Village Kail, Ambala-Jagadhri Road, Tehsil Jagadhri, District Yamuna Nagar through its authorized dealer, Globe Automobiles Pvt. Ltd., through its Branch Manager/Authorized Signatory.

 

2.      ICICI Lombard General Insruance company Limited, ICICI Lombard House No.414, Veer Savarkar Marg, Near Vinayak Temple, Prabhadevi Mumbai (Maharashtra) one of its local Branch-for Insurance renewals, Globe Toyota Co. at village Kail, Ambala-Jagadhri Road, Tehsil Jagadhri, District Yamuna Nagar, through its Branch Manager.

…Respondents

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                   Mrs. Manjula, Member.

                  

Present:-    Mr. Sunny Dhull, Advocate for the appellant.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

           

1.                Present appeal has been filed by the appellant-complainant against the impugned order dated 05.03.2019 passed by learned District Consumer Disputes Redressal Forum, Yamuna Nagar (in short ‘learned District Forum’), vide which complaint filed by the complainant bearing No.287 of 2018 titled as “Ashok Kumar Vs. Globe Toyota & Anr.” was dismissed for want of prosecution.

2.                Feeling aggrieved therefrom, appellant-complainant has preferred the present appeal.

3.               The argument have been advanced by Sh. Sunny Dhull, learned counsel for the appellant. With his kind assistance the entire records of the appeal had been properly perused and examined.

4.                Learned counsel for the appellant vehemently argued that

complaint was fixed before learned District Forum on 14.01.2019 for recording evidence of complainant, but on that date son of complainant requested for adjournment because his father was out of station and the matter was adjourned to 05.03.2019 subject to payment of Rs.500/- as of costs. It was further argued that learned counsel for the complainant before learned District Forum wrongly noted the date instead of 05.03.2019 and due to that reason he did not appeared before learned District Forum and complaint filed by the complainant was dismissed for want of prosecution vide order dated 05.03.2019. It was further argued that non appearance of the present appellant-complainant before the learned District Forum was neither intentional nor willful, so the impugned order dated 05.03.2019 may be set-aside and an opportunity may be given to the present appellant-complainant for leading its evidence and advancing final arguments.

5.                From the perusal of record, it is clear that the complaint bearing No.287 of 2018 titled as “Ashok Kumar Vs. Globe Toyota & Anr.” was dismissed for want of prosecution vide order dated 05.03.2019 by learned District Forum, Yamuna Nagar. However, It is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present appellant-complainant should be afforded an opportunity of representing herself before learned District Forum. Under these circumstances, impugned order dated  05.03.2019 passed by learned District Forum, Yamuna Nagar is set-aside for all intents and purposes, present appeal stands allowed and the matter is remitted back to the District Forum, Yamuna Nagar to decide the complaint on merits after affording an opportunity to present appellant to lead evidence and argue the case on merits subject to payment of Rs.5,000/- as of costs. The appeal be consigned to the record room.

6.                Parties are directed to appear before the District Forum, Yamuna Nagar on 15.05.2019 for further proceedings. 

 

 

April   04^th,  2019                   Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl. Bench              

           

R.K.