Haryana

StateCommission

RP/54/2018

AMAZON SELLER SERVICES PVT.LTD. - Complainant(s)

Versus

JITENDER SINGH AND ANOTHER - Opp.Party(s)

VISHAL KHATTAR

04 May 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    54 of 2018

Date of Institution:       11.04.2018

Date of Decision:         04.05.2018

 

 

Amazon Seller Services Private Limited, registered office at Brigade Gateway, 08^th Floor, 26/1, Dr. Rajkumar Road, Malleshwaram (W), Bangalore-560055, India, through its authorized signatory Shri Rahul Sundaram.

…….Petitioner-Opposite Party No.1

 

Versus

 

1.      Jitender Singh son of Jai Singh, resident of Village Jataula, Tehsil Farrukhnagar, District Gurugram.

 

……Respondent No.1-Complainant

 

2.      Jade E Service Private Limited, through its authorized person, Jamalpur Chowk, Jamalpur, District Gurgaon-122503.

 

 

                   ……Respondent No.2-Opposite Party No.2

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

 

Present:     Shri Inderjit Singh, counsel for the petitioner.

 

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

The instant revision petition has been filed by Amazon Seller Services Private Limited-opposite party No.1 (petitioner) against the order dated January 19^th, 2018 passed by District Consumer Disputes Redressal Forum, Gurgaon (District Forum), whereby petitioner was proceeded ex parte. 

2.      Learned counsel for the petitioner has urged that inadvertently summons were put in some other official file of the petitioner due to which nobody could appear on behalf of petitioner before the District Forum on January 19^th, 2018 and was proceeded ex parte. The next date of hearing before the District Forum is May 15^th, 2018.

3.      It is always better to decide the matter on merits. Ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint.   Accordingly, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.5000/- which is to be paid by the petitioner to the respondent No.1-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.      

4.      This revision petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter.  Reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High Court rendered in Batala  Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

5.      The petitioner is directed to appear before the District Forum, on May 15^th, 2018, the date already fixed.

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

         

Announced 04.05.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)