Present: Mr. Ashish Kapoor, for the applicant-revisionist.
Mr. Rahul, son of Mr. Jai Karan, (respondent No.1-complainant) in person.
Mr. Sachin Ohri, counsel for respondent No.2
Ms. Hempushpa, proxy counsel for Mr. Nitin Gupta counsel for respondent No.3.
Service of respondent No.4 already dispensed with.
As per office report, there is delay of 223 days in filing of this revision petition. There is no application specifically filed to condone the same. However, learned counsel for revisionist has orally requested today to condone this delay. This oral request of learned counsel for revisionist has not been opposed by anyone appearing for respondents. It is settled law that lis between the parties should be decided on merits and technical consideration, like limitation, should not become a ground to throw the case of aggrieved litigant, overboard. This being so, oral request of learned counsel for revisionist to condone the delay is accepted and delay in filing of this revision petition stand condoned.
2. On merits, learned counsel for the revisionist has contended that: in proceedings before learned District Consumer Commission at Rohtak; revisionist herein (Hindustan Petroleum Corporation Ltd.) which was OP No.4 before it, has already put in its appearance and also tendered its written version. Now, this revisionist is only to lead its evidence and permission for that be granted. In this regard there is “no objection” on behalf of Mr. Rahul, son of Mr. Jai Karan, (respondent No.1-complainant) appearing in person and from Mr. Sachin Ohri, counsel for respondent No.2, so put across before this Commission today.
3. Since, as per contention of counsel for revisionist (Hindustan Petroleum Corporation Ltd.) it has already appeared before learned District Consumer Commission-Rohtak and also filed its reply, therefore, revisionist has equal legal right to tender its evidence and this legal right inherently flows from mere fact that it has already filed its written version after putting in its appearance. Even otherwise, it is well settled legal adage that in the process of justice dispensation, every litigant has a right to put forward its case effectively. This being so, in the interest of justice, one effective opportunity is hereby granted to revisionist-(Hindustan Petroleum Corporation Ltd.) to lead and conclude its entire evidence on the adjourned date i.e. 16.05.2024 ad for this purpose; parties through their counsel are directed to appear before learned District Consumer Commission-Rohtak on 16.05.2024
4. In view of above, this revision petition is allowed and impugned order dated 23.11.2022 passed by learned District Consumer Commission- Rohtak in Complaint Case No.385 of 2019 titled as Jai Karan Vs. ICICI Lombard General Insurance Co. & others is hereby set aside. One effective opportunity is hereby granted to revisionist to lead and conclude its entire evidence (oral as well as documentary) before learned District Consumer Commission, Rohtak on 16.05.2024 itself. It would however, be subject to payment of cost of Rs.3,000/- to be deposited by revisionist in District Legal Service Authority-Rohtak and payment of cost of amount by revisionist would be condition precedent to leading evidence by it. Receipt regarding payment of cost be placed before learned District Consumer Commission-Rohtak.
5. It is also made clear that, in case, for some unavoidable reason on the part of learned District Consumer Commission-Rohtak; the complaint case file could not be taken up for hearing for 16.05.2024, then learned District Consumer Commission would adjourn the complaint case to some other date, by making sure that only one effective opportunity has been granted by this Commission, to revisionist for leading and concluding its entire evidence. With this observation; this Revision Petition No.75 of 2023 stands disposed off accordingly.
6. Application(s), pending if any, stand disposed off accordingly in terms of this order.
7. File be consigned to record room.
April, 16th, 2024 Manjula Naresh Katyal Member Judicial Member
Addl. Bench-I Addl. Bench-I
