Haryana

StateCommission

RP/98/2016

UHBVNL - Complainant(s)

Versus

KULDEEP SINGH - Opp.Party(s)

SANJEEV CHAUDHARY

28 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.    98 of 2016

Date of Institution:       11.11.2016

Date of Decision:         28.11.2016

 

Uttar Haryana Bijli Vitran Nigam Limited, through S.D.O. ‘OP’ Sub Division, UHBVN, Naraingarh, Tehsil Naraingarh, District Ambala.

 

…….Petitioner-Opposite Party

 

Versus

 

Kuldeep Singh son of Shri Nar Singh, resident of Village Talheri Gujran, Post Office-Thakurpura, District Yamuna Nagar.

 

……Respondent-Complainant

 

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

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. Sanjeev Chaudhary, counsel for the petitioner.         

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

          Uttar Haryana Bijli Vitran Nigam Limited-opposite party (for short ‘UHBVNL’) is in revision against the order dated August 31^st, 2016 passed by District Consumer Disputes Redressal Forum, Ambala (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that he wrongly noted the date as October 13^th, 2016 instead of August 31^st, 2016 due to which nobody appeared on behalf of the petitioner and the petitioner was proceeded ex parte. The next date of hearing before the District Forum is January 18^th, 2017 for recording the evidence of the complainant.

3.      Be that as it may and without delving deeper, this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the petitioner to file written version and contest the complaint.  Accordingly, this revision petition is accepted and the impugned order is set aside. The petitioner is accorded opportunity to file written version and join the proceedings.

4.      This revision petition is disposed of without issuing notice to the respondent with a view to impart 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 Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

5.      The petitioner is directed to appear before the District Forum, on January 18^th, 2017, the date already fixed.

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

  

Announced 28.11.2016

(Diwan Singh Chauhan) Member

(Nawab Singh) President

D.R.