Haryana

StateCommission

RP/113/2016

TOYOTA KIRLOSKAR - Complainant(s)

Versus

HIMMAT SINGH - Opp.Party(s)

S.R.BANSAL

07 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   113 of 2016

Date of Institution:       30.11.2016

Date of Decision:         07.12.2016

 

M/s. Toyota Kirloskar Motor Pvt. Ltd., Registered Office & Works, Plot No.1, Bidadi Industrial Area, Ramanagara District-562109, Karnataka.

…….Petitioner-Opposite Party No.2

 

Versus

 

1.      Himmat Singh S/o Sh. Mehar Singh, R/o Village Teontha, Tehsil and District Kaithal.

                                                          …..Respondent No.1-Complainant

 

2.      Globe Toyota through its authorized dealer Globe Automobiles Pvt. Ltd., 3 K.M. Stone, Ambala Road, near Bye-Pass, Kaithal.

 

……Respondent No.2-Opposite Party No.1

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. S.R. Bansal, counsel for the petitioner.

                                      

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

 The instant revision petition has been filed by M/s Toyota Kirloskar Motor Pvt. Ltd.-opposite party No.2 against the orders dated July 11^th, 2016 and November 10^th, 2016 passed by District Consumer Disputes Redressal Forum, Kaithal (for short ‘District Forum’) whereby the petitioner was proceeded ex parte and it’s application for setting aside ex parte order was dismissed respectively.  

2.      Learned counsel for the petitioner has urged that petitioner was never served upon.  The orders be set aside; opportunity be granted to the petitioner to file written version and contest the complaint. The next date of hearing before the District Forum is December 09^th, 2016.

3.      Notice of the complaint was issued to the petitioner.  Petitioner was proceeded ex parte by the District Forum vide impugned order observing as under:-

“Memo of appearance on behalf of Op No.1 filed. Summon was issued to Op No.2 on 09.06.2016 through registered post. Registered AD not received back either served or unserved. A period of more than one month has been lapsed, which means that the summon issued through registered post would have been served upon the Op No.2. Despite repeated calls since morning, none has put in appearance on behalf of opposite party No.2. Sufficient awaited. No intimation. It is already 3.00 p.m.  So, opposite party No.2 is hereby proceeded against ex parte. To come up on 11.08.2016 for filing power of attorney and reply on behalf of Op No.1.”

 

4.      Perusal of record reveals that on July 11^th, 2016, the District Forum proceeded ex parte against the petitioner, as notice of the complaint not received back served or unserved and more than one month had passed. Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the petitioner. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint.   

5.      Accordingly, this revision petition is accepted and the orders dated July 11^th, 2016 and November 10^th, 2016 are set aside. Consequently, the petitioner is accorded opportunity to file written version and join the proceedings.

6.      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.  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 Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

7.      The petitioner is directed to appear before the District Forum, on December 09^th, 2016, the date already fixed.

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

 

         

Announced 07.12.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

  D.R.