STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA  

                                                                                                          Date of Instituion:01.05.2024

                Date of first hearing: 22.05.2024

                      Date of pronouncement: 22.05.2024

Revision Petition No.27 of 2024

1.      One 97 Communications Ltd. Registered Office at 1^st Floor, Devika Tower,    Nehru Place, New Delhi-19, through its Authorized Officer.

2.      Company Secretary and compliance officer, One 97 Communication Ltd.,   One Skymark, Tower-D, Plot No. H10-B, Sector 98, Noida-201304 through       its Authorized Officer.                                                                .….Revisionists.

Versus

1.      Jai Sagar S/o Shri Ram Tapesha, R/o Barnal Road, Sirsa, District Sirsa.

2.      State Bank of India through Branch Manager, Mini Secretariat Branch,     Barnala Road, Sirsa, District Sirsa.                                ….Respondents.

CORAM:    Mr. Naresh Katyal, Judicial Member.

                   Ms. Manjula, Member.

Present:-    Mr. Puneet Kakkar, counsel for the revisionists.

O R D E R

PER: NARESH KATYAL, JUDICIAL MEMBER:

                             In this revision petition; revisionist has challenged order dated 29.02.2024 and order dated 21.03.2024 both passed by learned District Consumer Disputes Redressal Commission-Sirsa. Vide order dated 29.02.2024 defence of OPs No.2 & 3 (Revisionists herein) was struck off. Vide subsequent order dated 21.03.2024; their (OPs No. 2 & 3 - revisionists’) application for seeking review of order dated 29.02.2024 has been dismissed.

2.                This Commission does not see any reason to issue notice in the revision petition to respondents as same would further delay the final culmination of complaint pending before learned District Consumer Commission-Sirsa and would also burden the respondents with unnecessary expenses.

3.       Learned counsel has contended that both impugned orders are 29.02.2024 and 21.03.2024 are illegal. Defence of OPs No. 2 & 3-revisionists was struck off in haste manner. Grave prejudice has been caused to revisionists as they have been debarred from pleading defence on merits of complaint. It is urged that revisionists would not tended their defence, without any delay in the pending complaint before learned District Consumer Commission-Sirsa.

4.                Since, complaint pending before learned District Consumer Commission-Sirsa is still pending, therefore, this Commission is of firm opinion that no prejudice would be caused to complainant (Jai Sagar) in case revisionists herein (OP No. 2 & 3 in complaint) are allowed to join proceedings of complaint case. While observing so, this Commission is conscious of well settled legal adage that: in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward his/her/its case in a meaningful manner. It is no more, res-integra by now that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same and technicalities  should  not come in front of imparting substantial justice to the parties by deciding their lis on merits.

5.                 In view of above, this revision petition is allowed and both impugned orders viz. order dated 29.02.2024 and order dated 21.03.204 passed by learned District Consumer Commission-Sirsa in Complaint Case No.430 of 2023 titled as Jai Sagar Vs. State Bank of India etc. are hereby set aside. This Revision petition is accordingly allowed. Revisionists herein (OPs No. 2 & 3 in Complaint Case No. 430 of 2023) would now appear before learned District Consumer Commission-Sirsa on 04.06.2024, either through its authorized representative or through counsel. It would however, be subject to payment of cost of Rs.10,000/- to be deposited by revisionists-OPS  No.2 & 3 in District Legal Services Authority-Sirsa and receipt in this regard would be produced in record of Complaint Case (C.C. No.430 of 2023) pending before learned District Consumer Commission-Sirsa. It is made clear that revisionists’ herein-OPs No.2 & 3 would tender their written statement, on the force of this order; before learned District Consumer Commission-Sirsa on 04.06.2024 itself in order to enable learned District Consumer Commission-Sirsa to proceed further in complaint as per law.

6.                A copy of this order be provided to all parties, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.

7.                Since, main revision petition has been decided today, therefore, application for stay (M.A. No.354 of 2024) stands disposed off.

8.                File be consigned to record room. 

Pronounced on 22^nd May, 2024

                                                                        Manjula                                  Naresh Katyal                                                                                                                                                    Member                                  Judicial Member

                                                                        Addl. Bench-I                                    Addl. Bench-I