Haryana

StateCommission

A/511/2016

YASHWANT SINGH YADAV - Complainant(s)

Versus

HUDA - Opp.Party(s)

S.K.YADAV

29 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    511 of 2016

Date of Institution:  06.06.2016

Date of Decision:    29.08.2016

 

 

Yashwant Singh Yadav son of Sh. Ram Kumar, resident of House No.190, Housing Board Colony, Jharsa Road, Gurgaon, District Gurgaon.

Appellant-Complainant

 

 

Versus

 

1.      Haryana Urban Development Authority, HUDA Office Complex, C-3, Sector 6, Panchkula through its C.A.

 

2.      Administrator, HUDA, Sector 14, Gurgaon.

 

3.      Estate Officer, HUDA, Rewari, District Rewari.

 

Respondents-Opposite Parties

 

 

CORAM:   Mr. B.M. Bedi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

      

 

Present:     Mr. Shiv Charan Bhola, proxy counsel for Mr. S.K. Yadav, Advocate for the appellant

                   Mr. Ajay Kaushik, Advocate for the respondents

                    

                            

O R D E R

 

 

B.M. BEDI, JUDICIALMEMBER

 

This complainant’s appeal is directed against the order dated February 09^th, 2016 passed by District Consumer Disputes Redressal Forum, Rewari (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the appellant has stated that the complaint was fixed for hearing of arguments on the date when it was dismissed in default.

3.      The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant.

4.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

5.      The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

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

 

Announced 29.08.2016

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

UK