Haryana

StateCommission

RP/93/2022

ROYAL ENFIELD - Complainant(s)

Versus

HIMANSHU AND OTHERS - Opp.Party(s)

ROHIT GOSWAMI

13 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.93  of 2022

 Date of Institution:08.12.2022

  Date  of  Decision:13.12.2022

 

Royal Enfiled (A unit of Eicher Motors Ltd.) through its Authorized Representative, Registered office, 3^rd floor, Select Citywalk, A-3, District Centre, New Delhi 110017, Regional office : B-17, Sector 32, Gurugram 122001. 

…..Petitioner

Versus

 

1. Himanshu S/o Dr.A.K.Narwal, R/o H.No. D-25, CDLU Campus, Sirsa,Tehsil Distt. Sirsa, Haryana.
2. Gulzar Motor, Agencies, Near Bus Stand Hisar Road, Sirsa (through its authorized person).
3. Badhwar & Company Delhi road Near Sonipat Stand Rohtak 124001, Haryana (through its authorized person).

…..Respondents

 

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. Suresh Chander Kaushik, Member

                   

Present:-    Mr.Rohit Goswami, Advocate for the petitioner.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

          Delay of 101 days in filing the revision petition is condoned for the reasons stated in the application for condonation of delay.

          Revision Petition is preferred against the order dated  27.12.2021 in Consumer Complaint No.182 of 2020 passed by the learned District Consumer Disputes Redressal Commission, Sirsa vide which Opposite Party No.3 was proceeded ex parte.

2.      The argument has been advanced by Mr.Rohit Goswami, Advocate for the petitioner. With his kind assistance the original file including whatever the evidence has been led on behalf of revisionist had also been properly perused and examined.

3.      While unfolding the arguments it has been argued by Mr.Rohit Goswami, Advocate for the revisionist that  present petitioner has not received any notice  issued by the District Commission. The matter came to the knowledge of the present revisionist on 22.11.2022  when the Senior Legal executive of the company visited counsel for the company at Sirsa to get some legal opinion in some matter. The local counsel told Senior executive that complaint No.182 of 2020 was listed before District Commission Sirsa. While checking the orders it was noticed that present petitioner was proceeded ex parte on 27.12.2021. The absence of the petitioner on 27.12.2021 was neither willful, nor intentional, but due to the facts and circumstances as explained above.  Learned counsel for the revisionist prayed that ex parte proceeding dated 27.12.2021 may be set setting aside qua petitioner.

4.        In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceeding was initiated against opposite party No.3, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the revisionist-O.P. No.3 is afforded an opportunity to defend itself  before the learned District Commission, so in these circumstances, ex parte  proceedings dated 27.12.2021 initiated against  O.P. No.3-petitioner is set aside.  Revision Petition is allowed qua petitioner.  Let the petitioner be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.      The parties are directed to appear before the learned District Commission, Sirsa on  14.12.2022 for further proceedings.

6.      This revision petition has been disposed of without issuing notice to the respondents with a view to imparting 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. In this regard, reliance can be placed on a Division Bench judgement 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, 2002.

7.      Copy of this order be sent to the District Commission, Sirsa.

 

13th December, 2022 Suresh Chander Kaushik       S. P. Sood                                                                     Member                                             Judicial Member                            

 

S.K

(Pvt. Secy.)