Delhi

StateCommission

RP/19/2016

SHIVA MOTORS - Complainant(s)

Versus

HEMANT JOSHI - Opp.Party(s)

07 Apr 2016

ORDER

IN THE STATE COMMISSION: Delhi

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 07.04.2016

 

Revision Petition- 19/2016

 

 

        In the Matter of:

               

 

Shiva Motors At: E-5/23, B-Block Vijay Colony, New Usmanpur Delhi-110053 Through Its Manager                                                                               ……Petitioner      Versus     Hemant Joshi S/o Sh. J.C. Joshi, R/o H.No. 219, Gali No. 15, Sadatpur Extn. Karawal Nagar, Delhi-110094                                                                                …….Respondent

CORAM

 

  Salma Noor, Member

 

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Salma Noor, Member

1.             This is a revision petition against the order dated 02.12.2015 passed by the Consumer Disputes Redressal Forum, Distt. Nand Nagri, Delhi in complaint case 283/15.

2.             We have heard, Sh. Praveen Kumar, counsel for the petitioner and Shreshtha Kumar, counsel for the respondent on this revision petition and perused the record.

3.             The reasoning given by the petition or for his non appearance before the Ld. District Forum on 02.12.2015 is that he had not received any summon from the District Forum. He further submits that the notice of the complaint was found by his clerk only on 01.01.2016 when he was cleaning the office and handed over the summon to the petitioner/OP. Thus the petitioner/OP came to know that the matter is pending before the District Forum, Nand Nagri, Delhi and was fixed for 06.01.2016 thereafter petitioner appeared before the District Forum and came to know that the matter was already proceeded ex-parte on 02.12.2015 against the petitioner/OP. After that the petitioner/OP applied for certified copy of the ex-parte order and the same was received by the petitioner/OP on 27.01.2016 and consequently revision petition is filed. Petitioner has filed affidavit of Sh. Naresh Kumar, Manager of his company in support of his contentions.

4.             During hearing, counsel for the respondent submits that he has no objection if the ex-parte order be set aside, subject to payment of costs.

5.             In view of the above submissions made by the parties, the ex-parte order dated 02.12.2015 is set aside, subject to payment of costs of Rs. 2,500/- which will be paid by the petitioner/OP to the respondent/complainant on the next date of hearing before the Ld. District Forum.

                Parties are directed to appear before the Ld. District Forum on 07.07.2016. On the said date the petitioner/OP will pay costs to the respondent/complainant and will file his written statement. Thereafter, the District Forum will proceed further in the matter in accordance with law.

                A copy of this order be sent to the parties as well as to District Forum for necessary information.

                File  be consigned to record room.

        (Salma Noor)

Member