Haryana

StateCommission

RP/71/2022

PUNJAB NATIONAL BANK - Complainant(s)

Versus

KARAM NATH - Opp.Party(s)

TARUN DHINGRA

13 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Instituion:12.10.2022

                Date of final hearing:13.12.2022

                                                Date of pronouncement: 04.01.2023

 

Revision Petition No.71 of 2022

 

IN THE MATTER OF

 

Punjab National Bank, Branch Office Mirzapur, through its Mnager. Kurukshetra, District Kurukshetra.

                                                                                      .….Petitioner

Through counsel Mr. Tarun Dhingra, Advocate

 

Versus

 

Karam Nath s/o Sh. Prem Chand, aged about 30 years, R/o Village Barwa, Tehsil Kurukshetra, District Kurukshetra.

….Respondent.

 

CORAM:   S.P.Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. Tarun Dhingra, counsel for the petitioner.

 

O R D E R

S. P. SOOD, JUDICIAL MEMBER:

           

                    Present Revision Petition is preferred against two orders one dated 16.08.2022, whereby the defence of present petitioner has been struck off and another dated 06.09.2022, vide which application for grant of opportunity to file written reply to the complaint bearing No.376 of 2021 was rejected by learned District Consumer Disputes Redressal Commission, Kurukshetra.

2.                The arguments were advanced by Mr. Tarun Dhingra, learned counsel for the petitioner and with his kind assistance contents of the revision petition has also been properly perused and examined.

3.                While unfolding the arguments it has been argued by learned counsel for the petitioner that the present petitioner will suffer an irreparable loss and injury in case the impugned orders dated 16.08.2022 & 06.09.2022 are not set-aside. He further argued that on 18.05.2022, present petitioner appeared before District Commission in pursuant to the notice of complaint but neither the complete paper book/complaint with attached documents was supplied by the complainant nor the same was found to be attached with the summons, so the petitioner was unable to submit written reply and learned District Commission vide its order dated 16.08.2022 struck off the defence of present petitioner-OP No.2. He further argued that thereafter, petitioner filed an application to grant opportunity to file their reply, but the same was also rejected by learned District Commission vide order dated 06.09.2022. However, non filing of written version before the learned District Commission was neither intentional nor willful, but was purely for the reasons mentioned above and both these orders dated 16.08.2022 and 06.09.2022 be set aside and present revision petition may please be allowed.

4.                In view of the above submissions and careful perusal of the entire record, it is true that the defence of present petitioner-OP No.2 was struck off by learned District Commission vide order dated 16.08.2022 as it failed to file written version and thereafter application to grant opportunity to file its reply was also dismissed vide order dated 06.09.2022 but, as we all know that it is better if rights of parties interse be decided on merits instead of technicalities and it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the present petitioner-OP No.2 is afforded an opportunity to defend themselves before the learned District Commission. So, in these circumstances, orders dated 16.08.2022 & 06.09.2022, passed by learned District Commission, Kurukshetra, vide which defence of present petitioner-OP No.2 was struck off and thereafter application to file its reply was dismissed are hereby set-aside and the present revision petition stands allowed. Let, the petitioner be afforded an opportunity to file its reply and to lead its evidence etc. thereafter, the complaint be decided on merits.

5.                The petitioner is directed to appear before the learned District Commission, Kurukshetra on 09.01.2023 for further proceedings.

6.                This revision petition has been disposed of without issuing notice to the respondent with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. In this regard, reliance can be placed on a Division Bench judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

7.                Copy of this order be sent to the learned District Commission, Kurukshetra.

8.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

9.                File be consigned to record room alongwith a copy of this order.

 

Pronounced on 04^th January, 2023                                                                                                                                                                                          S.P.Sood

                                                                                                            Judicial Member                                                                                                                 Addl. Bench            

 

         

                                                                                                            S.C. Kaushik                                                                                                                        Member                                                                                                                                 Addl. Bench

                       

 

R.K.