Haryana

StateCommission

A/105/2015

ENGINEERS DEVELOPMENT COUNCIL - Complainant(s)

Versus

HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT - Opp.Party(s)

LAVISH ARORA

28 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :           105 of 2015

Date of Institution:          29.01.2015

Date of Decision :           31.08.2015

 

Engineers Development Council, Plot No.66 & 94, Triveni Apartment, Jhilmil Colony, New Delhi through its Manager/ Executive/ Representatives.

                                      Appellant-Opposite Party

Versus

 

Haryana State Industrial and Infrastructure Development Corporation Limited, C-13 and C-14, Sector 6, Panchkula through its Deputy General Manager.

                                      Respondent-Complainant

 

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

                             Mr. B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.

                                                                                                         

Present:               Shri Dinesh Saini, Advocate for appellant.

Shri Baljinder Singh, Advocate for respondent.

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

The instant appeal has been preferred by Engineers Development Council-opposite party (appellant) against the order dated December 10^th, 2014 passed by District Consumer Disputes Redressal Forum (for short District Forum), Panchkula, whereby, complaint filed by Haryana State Industrial and Infrastructure Development Corporation Limited (for short ‘HSIDC’)-complainant was accepted directing the appellant to pay an amount of Rs.7,84,000/- alongwith interest at the rate of 9% per annum from the date of issuance of the receipt by the appellant, that is, April 27^th, 2013 and Rs.5000/- litigation expenses.  

2.      A Study Tour, that is, “South East Asian models of Infrastructure Facilities for Indian Cities” was arranged from May 16^th to 23^rd, 2013 by the appellant with HSIDC, whereby four officers were to participate in the programme. HSIDC paid Rs.7,84,000/- to the appellant. On May 10^th, 2013, a letter was sent to the appellant by HSIDC that the departure flight from Delhi-Singapore for 14^th May, 2013 may be blocked/booked for JET. Vide letter dated May 13^th, 2013 of the appellant to the HSIDC, it was stated that with reference to telephonic discussion on May 11^th, 2013 with Manoj Pal Singh and Vikas Gupta-officials of HSIDC, the dates for Study Tour be rescheduled from January 16^th-23^rd, 2013 to May 19-26, 2013. The officials did not go to attend the Study Tour and as such HSIDC asked the appellant to refund the amount of Rs.7,84,000/-. The appellant did not pay the said amount. Hence, the complaint.

3.      Notice of the complaint was issued to the appellant but none appeared on behalf of the appellant and it was proceeded ex parte before the District Forum.

4.      Since the appellant was proceeded ex parte before the District Forum and as such it could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the appellant to contest the complaint on merits. Thus, the appeal is accepted and the impugned order is set aside. The appellant is accorded opportunity to join the proceedings and parties shall be entitled to lead evidence etc.  The case is remitted to the District Forum, Panchkula with the direction to decide the complaint expeditiously preferably within a period of three months, which shall be from the date of first appearance of the parties. 

5.       The parties are directed to appear before the District Forum on 29.09.2015.

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

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced: 31.08.2015

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

U.K