Chandigarh

StateCommission

RP/16/2019

Skoda Auto India Private Limited - Complainant(s)

Versus

Hitesh Katyal - Opp.Party(s)

Gaurav Bhardwaj, Karandeep Singh Cheema Adv.

10 Jul 2019

ORDER

This revision petition has been filed by the revision petitioner/Opposite Party No.3 against order dated 12.04.2019 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short “the Forum” only) in Consumer Complaint No.99 of 2019 vide which the revision petitioner/opposite party No.3 alongwith opposite parties No.1 & 2 were ordered to be proceeded against exparte for not putting in appearance despite issuance of notice.

                Sh. Gaurav Bhardwaj, Advocate, Counsel for the revision petitioner/Opposite Party No.3 states that non appearance was not deliberate but it happened on account of gap of communication between concerned officers of the Company.

                Be that as it may, at the time of hearing, Sh. Varun Chawla, Advocate appearing as proxy for Sh. Anish Gautam, Advocate, Counsel for the respondent/complainant very fairly states that let the complaint be decided on merits.

                We appreciate the concession given. Otherwise also, it is a case where we were going to set aside the order taking note of a fact that non-appearance was not deliberate.               

                Counsel for the revision petitioner/opposite party No.3 states that reply and evidence/affidavit will be placed on record on the first date before the Forum.

                Accordingly, the revision petition is allowed. Order, under challenge, qua the revision petitioner/opposite party No.3 is set aside. 

                We make it very clear that in case, reply and evidence/affidavit, as undertaken by the revision petitioner/opposite party No.3, is not filed on the first date of hearing before the Forum, no further opportunity shall be granted for the said purpose.

                Order passed is subject to payment of cost of Rs.4,000/- by the revision petitioner/Opposite Party No.3 to the respondent/ complainant, before the Forum on the date fixed.

                Now the complaint before the Forum is fixed for 23.08.2019.

                Parties/their Counsel are, therefore, directed to appear before the concerned Forum on 23.08.2019.

                Complete record of complaint file be sent back to the Forum concerned alongwith certified copy of this order, so as to reach there before the said date i.e. 23.08.2019.

                Certified copies of this order be sent to the parties, free of charge.

                File be consigned to the Record Room after completion.