Haryana

StateCommission

RP/9/2019

COLUMBIA ASIA HOSPITAL PVT. LTD. - Complainant(s)

Versus

MAHAVIR MEHTA AND OTHERS - Opp.Party(s)

AMRITA NAGPAL

13 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.09 of 2019

 Date of Institution:29.01.2019

  Date  of  Decision:13.02.2019

 

Columbia Asia Hospitals Pvt. Ltd., Block-F, near Gol Chakkar, Palam Vihar, Gurugram-122017 through its authorized signatory/General Manager Sh. Manish Gupta.

…..Revisionist

Versus

 

1. Mahavir Mehta S/o Sh. Ram Chander Yadav, R/o House No.3, Kapashera More, New Delhi-110037.

…Respondent No.1/complainant

 

2. Dr. Ajay Yadav C/o Columbia Asia Hospitals Pvt. Ltd., Bloc-F, near Gol Chakkar, Palam Vihar, Gurugram-122017.

 

3. Medanta-The Medicity Sector-38, Gurugram, Haryana-122001.

 

…..Performa Respondents

 

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                  

                   

Present:-    Ms.Amrita Nagpal, Advocate for the revisionist.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

           

                    As per order dated 12.02.2019 contained in letter No.391, I am conducting these proceedings singly.

2.                Delay in filing the present revision petition is condoned for the reasons stated in the application filed for condonation of delay.

3.               Present revision petition has been filed by the revisionist-opposite party No.1 against the impugned order dated 12.09.2018 passed by learned District Consumer Disputes Redressal Forum, Gurugram, vide which the present revisionist-opposite party No.1 was proceeded against ex-parte.

4.                The argument have been advanced by Ms. Amrita Nagpal, learned counsel for the revisionist. With her kind assistance the entire records of the revision petition had been properly perused and examined.

5.                Learned counsel for the revisionist-opposite party No.1 has vehemently argued that the present revisionist after receiving the notice issued by learned District Forum engaged the Advocate to defend the case, but, somehow the Advocate has not appeared before the learned District Forum and the present revisionist was ordered to be proceeded against ex-parte on the very first day. It is further argued that the notices issued to the present revisionist were also not received or served by learned District Forum and the present revisionist was proceeded against ex-parte instead of issuing fresh notice. It is further argued that non appearance of revisionist-opposite party No.1 before learned District Forum was neither intentional nor willful, so the impugned order dated 12.09.2018 may be set-aside and  an opportunity may be given to the present revisionist for filing written statement, evidence and arguments on merits.

6.                From the perusal of record, it is clear that the present revisionist-opposite party No.1 was proceeded against ex-parte by the learned District Forum, Gurugram vide order dated 12.09.2018. However, It is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing himself before learned District Forum. Under these circumstances, impugned order dated 12.09.2018 passed by learned District Forum, Gurugram is set-aside for all intents and purposes, present revision petition is allowed subject to depositing of Rs.2,000/- as of costs before learned District Forum, Gurugram. The matter is remitted back to the District Forum, Gurugram to decide the complaint on merits after affording an opportunity to present revisionist-opposite party No.1 to file its written statement and to lead its respective evidence.  The revision petition be consigned to the record room.

7.                Parties are directed to appear before the District Forum, Gurugram on 27.03.2019 for further proceedings. 

 

 

 

February    13th, 2019                                                           Ram Singh Chaudhary                                                                                                        Judicial Member                                                                                                                   Addl. Bench              

           

R.K.