Haryana

StateCommission

RP/2/2021

INDIAN OIL CORPORATION LTD. - Complainant(s)

Versus

KRISHAN LAL AND ANOTHER - Opp.Party(s)

ASHISH KAPOOR

04 Feb 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    02 of 2021

Date of Institution:       01.02.2021

Date of Decision:         04.02.2021

 

 

 

Indian Oil Corporation Limited, Karnal Area Office Kohan-Assand Road, Village Gudha Karnal through its constituted attorney Shri YPS Verma son of late Sh. R.S. Vema, aged about 54 years working as Senior Manager (LPG Sales), Karnal Area Office, Karnal Kohand-Assand Road, Village Gudha Karnal, District Karnal.

 

…….Petitioner-Opposite Party No.1

 

Versus

 

1.      Krishan Lal son of Sh. Sudhan Ram, resident of Village Bastli, Tehsil Nissing, District Kanal.

……Respondent No.1-Complainant

 

2.      Parvesh Gas Services, Sambhli Road, Nissing, District Karnal through its Proprietor.

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

 

 

 

 

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President.

                   Shri Harnam Singh Thakur, Judicial Member.

 

 

Present:     Shri Ashish Kapoor, counsel for the petitioner

 

 

 

O R D E R

 

 

T.P.S. MANN, J. (ORAL)

 

          Opposite party No.1-Indian Oil Corporation has filed the present revision under Section 47(1)(b) of the Consumer Protection Act, 2019 for challenging the order dated 12.12.2019 passed by learned District Consumer Disputes Redressal Commission, Karnal whereby it was ordered to be proceeded against ex parte.

2.      A perusal of the impugned order passed by learned District Consumer Commission makes out that the petitioner was deemed to have been served as a period of thirty days had already been lapsed since issuance of the notice but none had appeared on its behalf and accordingly, it was ordered to be proceeded against ex parte.

3.      Learned counsel for the petitioner has submitted that in the complaint, the petitioner was proceeded against ex parte as it was a case of presumed service.  It is also submitted that the petitioner was impleaded as opposite party No.1 in the complaint at its Mumbai address whereas Karnal area office of the Corporation ought to have been impleaded as a party.  It is further stated that the complaint is currently fixed for 10.02.2021 for recording evidence of opposite party No.2-Parvesh Gas Services.  It is submitted that if an opportunity is granted to the petitioner, it shall file its Power of Attorney, reply and submit  evidence by way of affidavit alongwith documents.

4.      Having heard learned counsel for the petitioner but keeping in view the interest of justice, it would be just and proper to grant an opportunity to the petitioner to join the proceedings and file Power of Attorney, reply as well as evidence by way of affidavit alongwith documents.

5.      Resultantly, the revision is accepted, impugned order dated 12.12.2019 passed by learned District Consumer Commission to the extent of ordering ex parte proceedings against the petitioner-Opposite Party No.1 is set aside and the petitioner is permitted to appear before the learned District Commission on 10.02.2021 and file Power of Attorney, reply as well as evidence by way of affidavit alongwith documents.  The order shall however be subject to costs of Rs.7,500/- to be paid by the petitioner while putting in appearance before the District Commission, which costs be disbursed in favour of the complainant-Krishan Lal.

6.      This revision petition is being disposed of without issuing notice to the respondents with a view to imparting 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.  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^th, 2002. 

7.      Copy of this order be sent to the learned District Commission as well as to the parties.

 

                                                                                               

Announced 04.02.2021

(Harnam Singh Thakur) Judicial Member

(T.P.S. Mann) President

UK