Haryana

StateCommission

RP/80/2018

SYNGENTA INDIA LIMITED - Complainant(s)

Versus

GURDEV SINGH AND ANOTHER - Opp.Party(s)

AWANISH KUMAR

27 Jun 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    80 of 2018

Date of Institution:       16.05.2018

Date of Decision:         27.06.2018

 

 

Syngenta India Limited, Amar Paradigm, S. No.110/11/3, Baner Road, Pune-411045, Maharashtra.

 

…….Petitioner-Opposite Party No.2

 

Versus

 

1.      Gurdev Singh son of Balbir Singh, resident of Village Nagla, Tehsil Shahabad, Kurukshetra, Haryana.

 

 

……Respondent No.1-Complainant

 

2.      Kisan Sewa Centre, 9-outside Partap Mandi Gate, Shahabad Markanda, Kurukshetra, Haryana.

 

……Respondent No.2-Opposite Party No.1

 

 

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

                   Shri Balbir Singh, Judicial Member.

 

Present:     Shri Amit Mahajan, counsel for the petitioner.

 

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

The instant revision petition has been filed by Syngenta India Limited, Pune-opposite party No.2 (petitioner) against the orders dated January 16^th, 2018 and April 05^th, 2018 passed by District Consumer Disputes Redressal Forum, Kurukshetra (District Forum), whereby petitioner was proceeded ex parte and it’s application for setting aside the ex parte order was dismissed, respectively.    

2.      Learned counsel for the petitioner has urged that notice was never served upon petitioner due to which nobody could appear on January 16^th, 2018 before the District Forum and was proceeded ex parte. The next date of hearing before the District Forum is August 03^rd, 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 impugned orders 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 August 03^rd, 2018, the date already fixed.

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

 

Announced 27.06.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)