Haryana

StateCommission

RP/108/2017

MITSUBISHI ELECTRIC INDIA PVT. LTD. - Complainant(s)

Versus

JYOTI MADAN AND ORS. - Opp.Party(s)

ABHISHEK JHAMB

15 Dec 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   108 of 2017

                                                Date of Institution:       13.11.2017

                                                Date of Decision:         15.12.2017

  

Mitsubishi Electrial India Private Limited, SCO-376, 2^nd Floor, Sector 32-D, Chandigarh, through its authorized signatory.

 

Petitioner-Opposite Party No.3

 

 

Versus

 

1.      Jyoti Madan, resident of House No.228, First Floor, Sector 9, Panchkula.

Respondent No.1-Complainant

 

2.      M/s Shivalik Electricals, Showroom No.48, Sector 11, Panchkula.

 

3.      M/s Zephyraitcon, Shop No.44, 1^st Floor, Royal Estate, Ambala Road, Zirakpur.

 

Respondents No.2 and 3-Opposite Parties No.1 and 2

 

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

                    Shri Balbir Singh, Judicial Member.

                   Shri Diwan Singh Chauhan, Member.  

 

Present:     Shri Abhishek Jhamb, counsel for the petitioner.

                   Jyoti Madan-respondent No.1-complainant in person.

(Service of respondents No.2 and 3 dispensed with vide order dated November 15^th, 2017)

 

 

O R D E R 

 

NAWAB SINGH, J. (ORAL)

 

          Mitsubishi Electric India Private Limited-opposite party No.3 (petitioner herein) is in revision against the order dated September 13^th, 2017 passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘District Forum’), whereby defence of petitioner was struck off on account of non-appearance and non-filing of the written version.

2.      Learned counsel for the petitioner has urged that the impugned order be set aside and opportunity be given to the petitioner to file written version. The next date of hearing before the District Forum is December 21^st, 2017.

3.      In Reliance General Insurance Company Limited and another versus M/s Mampee Timbers and Hardware Private Limited and another, D.No.2365 of 2017 decided on February 10^th,2017, Hon’ble Supreme Court has held as under:-

            “We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter”.

 

4.      In this view of the matter, this revision petition is allowed and the impugned order is set-aside subject to conditional cost of Rs.5000/- to be paid to the complainant on the date fixed before the District Forum. Consequently, the petitioner is accorded opportunity to file written version on the date fixed, that is, December 21^st, 2017  before the District Forum. The District Forum is directed to decide the matter expeditiously.

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

 

December 15th, 2017

Diwan Singh Chauhan Member

Balbir Singh Judicial Member

Nawab Singh President

(D.R.)