Chandigarh

StateCommission

RP/10/2017

Ministry of Railways & ors - Complainant(s)

Versus

Jangi Ram Kaushal - Opp.Party(s)

Sunil K. Sahore

31 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                               

Revision Petition No.	:	10 of 2017
Date of Institution	:	26.05.2017
Date of Decision	:	31.05.2017

 

1. Ministry of Railways through its Minister of Railways Shri Suresh Prabhu, Room No.256-A, Rail Bhawan, Raisina Road, New Delhi – 110001.

 

2. Northern Railways, Headquarters Office, Baroda House, New Delhi through its authorized person.

 

3. Northern Railways, Chandigarh Zone, Chandigarh, through its General Manager.

 

……Revision Petitioners/Opposite Parties.

 

Versus

 

Jangi Ram Kaushal son of Late Shri Chuni Lal Kaushal aged 72 years resident of House No.3175/2, Sector 41-D, Chandigarh.

 

….Respondent/complainant.

 

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

Ms. Ekta, Advocate, proxy for Sh. Sunil K.Sahore, Advocate for the Revision Petitioners.

Sh. Jangi Ram Kaushal, respondent in person.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            Service is complete.

2.         Sh. Jangi Ram Kaushal, respondent/complainant has put in appearance in person.

3.         This revision petition has been filed by the revision petitioners/Opposite Parties, against order dated 23.03.2017 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (in short “the Forum” only), vide which, revision petitioners/ Opposite Parties were ordered to be proceeded against exparte.

4.         By filing this revision petition, it is stated that non appearance was not deliberate. It happened on account of late intimation given by Head Office regarding pendency of the complaint. When, Counsel for the revision petitioners/Opposite Parties put in appearance before the Forum on 06.04.2017, he was informed that the Opposite Parties had already been proceeded against exparte vide order dated 23.03.2017, whereupon, the revision petition was filed. Revision Petitioners made a prayer to set aside the order passed by the Forum and allow the revision petitioners/Opposite Parties to contest the complaint on merits.

5.         At the time of arguments, no serious opposition was made by the respondent/complainant.

6.         Counsel for the revision petitioners/Opposite Parties undertakes that reply and evidence/affidavit will be placed before the Forum within next 10 working days. It is made clear that if the revision petitioners/Opposite Parties failed to do so, no further opportunity shall be granted to them.

7.         In view of above, this revision petition is allowed. Order, under challenge, is set aside to the extent ordering exparte proceeding against the revision petitioners/Opposite Parties.

8.         Order passed is subject to payment of Rs.2000/- as cost. The said amount shall be paid by the Revision Petitioners/Opposite Parties to the respondent/ complainant on the next date to be fixed by the Forum.

9.         Parties/their Counsel are directed to put in appearance before the Forum today itself.

10.        The Forum will adjourn the case for a period of three weeks and on filing reply & evidence/affidavit by the Opposite Parties and rejoinder, if any, by the complainant, we expect that an effort will be made to decide the complaint within one month thereafter.

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

12.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

13.        File be consigned to the Record Room after completion.

Pronounced.

31^st  May, 2017.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/rb