Haryana

StateCommission

RP/81/2019

EPSON INDIA PVT. LTD. - Complainant(s)

Versus

KAPIL KUMAR - Opp.Party(s)

SHUBHAM AGGARWAL

04 Oct 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.81 of 2019

 Date of Institution:12.09.2019

  Date of Decision:04.10.2019

 

1.      Epson India Pvt. Ltd. Through its Director having its head office at 12^th Floor, The Millenia, Tower-A, Murphy Road, Ulsoor, Banglore-560008.

2.      Epson Service Centre, Unisol Computers (EDEL 62), Shop No.62-63, CNI Church Compound, Gandhi Market, Ambala Cantt. Through its authorized person/Manager.

…..Revisionists.

Versus

Kapil Kumar S/o Shri Hari Ram, aged about 36 years, R/o Village Khudda Kalan, Tehsil & District Ambala.

…Respondent.

CORAM:    Shri Harnam Singh Thakur, Judicial Member.

                   Mrs. Manjula, Member.

Present:-    Ms. Suksham Aggarwal, counsel for the revisionists.

                                                           ORDER

HARNAM SINGH THAKUR, JUDICIAL MEMBER:

                   Delay of 72 days in filing of present revision petition is hereby allowed for the reasons stated in the application for condonation of delay and in the interest of justice.

2.                Heard on the revision petition.

3.                A perusal of the impugned order dated 02.04.2019 passed by learned District Consumer Disputes Redressal Forum, Ambala (in short ‘District Forum’) it reveals that the opposite parties were not served directly rather registered covers had also not been received back served or unserved, but registered receipt was placed on record. Since the statutory period of 30 days had elapsed, therefore learned District Forum reached to the conclusion on legal presumption that service has been affected upon the opposite parties and they were proceeded against ex-parte vide impugned order dated 02.04.2019.

4.                Now, the opposite parties/present revisionists want to contest the complaint filed by the complainant before learned District Forum on the ground that they were never served and their non-appearance before District Forum was neither willful nor intentional. Moreover, it is settled law that the complaint should not be decided without giving an opportunity of hearing to the other party(s).

5.                Under these facts and circumstances, present revision petition stands allowed in the interest of justice and impugned order dated 02.04.2019 passed by learned District Forum, Ambala is set aside qua revisionists/opposite parties No.1 & 3 only.

6.                Opposite parties No.1 & 3 are directed to appear before learned District Forum, Ambala on 24.10.2019 and learned District Forum is directed to proceed further in accordance with law. Present revision petition is allowed accordingly.

 

 

October 04^th, 2019                 Manjula                                  Harnam Singh Thakur                                                                                 Member                                  Judicial Member                                                                  

R.K.