Chandigarh

StateCommission

RP/23/2019

The Punjab State Federation of Cooperative House Building Societies Ltd. - Complainant(s)

Versus

Kamal Kakkar - Opp.Party(s)

Naginder Singh Vashist Adv.

09 Sep 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UT CHANDIGARH
 
Revision Petition No. RP/23/2019
( Date of Filing : 04 Sep 2019 )
(Arisen out of Order Dated 26/08/2019 in Case No. cc/329/2019 of District DF-II)
 
1. The Punjab State Federation of Cooperative House Building Societies Ltd.
Chandigarh
...........Appellant(s)
Versus
1. Kamal Kakkar
Chandigarh
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI PRESIDENT
 HON'BLE MRS. PADMA PANDEY MEMBER
 HON'BLE MR. RAJESH KUMAR ARYA MEMBER
 
For the Petitioner:
For the Respondent:
Dated : 09 Sep 2019
Final Order / Judgement

ORDER

 

                  

 

                    This revision petition has been filed by the revision petitioner/Opposite Party against order dated 26.08.2019 passed by District Forum-II, UT, Chandigarh, vide which, defence of the Opposite Party was struck off due to non appearance.

                   Perusal of the file shows that earlier exparte order against the revision petitioner/Opposite Party was passed by District Forum-II, UT, Chandigarh on 25.06.2019 in Consumer Complaint No.329 of 2019. The said order was challenged before this Commission by filing Revision Petition No.20 of 2019, which was allowed by passing following order :-

“…………           We make it very clear that in case, reply and evidence/affidavit, as undertaken by the Counsel for the revision petitioner/opposite party is not filed on the next date of hearing before the Forum, no further opportunity shall be granted for the said purpose.

                   Order passed is subject to payment of cost of Rs.1,000/- by the revision petitioner/Opposite Party to the respondent/complainant before the Forum on the date fixed. However, the aforesaid cost amount of Rs.1,000/- has been paid in Court today itself by the Counsel for the revision petitioner/opposite party to the respondent/complainant.

                   Parties/their Counsel are, therefore, directed to appear before the concerned Forum on 26.08.2019.”

 

                   Again on 26.08.2019, none appeared on behalf of the revision petitioner/Opposite Party before the Forum, as such, the defence of the Opposite Party was struck off on that date.

                   Today, Counsel for the revision petitioner has submitted that he has noted down the wrong date of 28.08.2019 instead of 26.08.2019. To substantiate his plea, he has placed on record a case diary as well as copy of the brief.

                   This application is also supported by affidavit of Sh.Arun Vasudea, Officiating Superintending Engineer, Punjab State Federation of Cooperative House Building Societies Ltd.

                   Today, Counsel for the revision petitioner has submitted that he is ready with reply and evidence/affidavit. Copy of reply and evidence has been supplied to the Counsel for the respondent/complainant in advance.

                   Accordingly, the revision petition is allowed. Order, under challenge, is set aside. 

                   Reply and evidence/affidavit be filed by the revision petitioner/Opposite Party on the next date of hearing before the Forum.

                   Order passed is subject to payment of cost of Rs.2,000/- by the revision petitioner/Opposite Party to the respondent/complainant.

                   The said cost of Rs.2000/- has been paid in cash today itself by Counsel for the revision petitioner to the respondent/complainant.

                    Parties/their Counsel are, therefore, directed to appear before the concerned Forum on 16.09.2019.

                   Complete record of complaint file be sent back to the Forum concerned alongwith certified copy of this order, so as to reach there before the said date.

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

                   File be consigned to the Record Room after completion.           

 
 
[HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI]
PRESIDENT
 
 
[HON'BLE MRS. PADMA PANDEY]
MEMBER
 
 
[HON'BLE MR. RAJESH KUMAR ARYA]
MEMBER
 

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