Haryana

StateCommission

RP/77/2019

M/S VLCC HEALTHCARE LTD. - Complainant(s)

Versus

GUNJAN VIJ - Opp.Party(s)

D.D.SINGHLA

19 Sep 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                             

 

Revision Petition No :  77 of 2019

Date of Institution:       17.09.2019

Date of Decision :        19.09.2019

 

 

1.      M/s VLCC Healthcare Limited, 64, HSIDC Sector 18, Maruti Industrial Area, Gurugram, Haryana-122015.

          Through its authorized representative Mr. Prem Chand.

 

2.      Ms. Ashimita (Centre Head), M/s. VLCC Healthcare Limited, Shop No.22, Vatika City Market, Sector 49, Sohna Road, Gurugram.

 

3.      Ms. Julie, M/s. VLCC Healthcare Limited, having its office at Shop No.22, Vartika City Market, Sector 49, Sohna Road, Gurugram.

 

                                      …..Petitioners

 

 

Versus

 

Ms. Gunjan Vij wife of Shri Virender Vij, resident of Flat No.10-C, Tower 19, Central Park Resort, Sohna Road, Sector 48, Gurugram.

 

….Respondent

 

 

 

 

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President.

                   Mr. Harnam Singh Thakur, Judicial Member.

                   Ms. Manjula, Member.                   

 

 

Present:     Shri D.D. Singla, counsel for the petitioners.

 

 

                                                   O R D E R

 

T.P.S. MANN, J.

 

          The opposite parties have filed the present revision under Section 17(1)(b) of the Consumer Protection Act, 1986 for challenging the order dated 30.05.2019 passed by learned District Forum, Gurugram, whereby, they were ordered to be proceeded against ex parte.

2.      A perusal of the impugned order makes out that though the petitioners stood served through registered post but they did not put in appearance before the learned District Forum on 30.05.2019 and, accordingly, they were proceeded against ex parte.

3.      Learned counsel for the petitioners has submitted that the notice was served upon the petitioners on 01.05.2019 at their corporate office, which fact was duly intimated to their counsel. On 15.05.2019, they engaged local counsel for putting in appearance before the learned District Forum. However, due to some personal difficulty, their counsel could not appear before the learned District Forum on 30.05.2019. The non-appearance of the counsel for the petitioners was neither deliberate nor intentional but due to some personal difficulty. It is further submitted that the complaint now stands adjourned to 24.09.2019 for pronouncement of ex parte judgment.

4.      Without commenting upon the merits of the plea taken by the petitioners but in order to avoid miscarriage of justice, it would be just and proper to grant one more opportunity to the petitioners to put in appearance before the learned District Forum.

5.      Resultantly, the revision is accepted, impugned order dated 30.05.2019 passed by learned District Forum to the extent of proceeding ex parte against the petitioners is set aside and they are granted another opportunity for putting in appearance before the learned District Forum and join the proceedings. For that purpose, they shall appear before the learned District Forum in person or through their counsel. The instant order is however subject to costs of `5,000/- to be paid by the petitioners to the respondent-complainant at the time of putting in appearance before the learned District Forum.

6.      This revision petition is being disposed of without issuing notice to the respondent 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^th, 2002.  

7.      Copy of this order be sent to the learned District Forum and also supplied to the petitioners.

 

 

 

Announced 19.09.2019

(Manjula) Member

(Harnam Singh Thakur) Judicial Member

(T.P.S. Mann) President

DR