Haryana

StateCommission

RP/99/2019

SUPREME SOLAR SYSTEMS - Complainant(s)

Versus

MAHENDER KUMAR AND ANOTHER - Opp.Party(s)

SANJAY VERMA

16 Dec 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.99 of 2019

 Date of Institution:04.12.2019

  Date of Decision:16.12.2019

 

Supreme Solar Systems, 16/5, Availahalli, Yelahanka Hobli Doodaballapur, Main Road, Bangalore North-560064, Karnataka through its Manager/Authorized Officer, Mr. Vankatesh M Shenoy.

…..Revisionist.

Versus

1.      Mahender Kumar son of late Shri Munshi Lal, R/o House No.141, Sector-2, Faridabad.

2.      Soltech Energy, B-258/4, Qutub Vihar-II, near Sector-19, Dwarka, New Delhi-110071 through its Authorized Person, Rajeev Ranjan Singh.

                                                                             …..Respondents.

CORAM:-       Mrs. Manjula, Member.

 

Present:-   Shri Sanjay Verma, counsel for the revisionist.

                                                           ORDER

Mrs. MANJULA, MEMBER:

1.                As per order dated 16.12.2019 contained in letter No. 2926, I am conducting these proceedings singly.

2.                Delay of 07 days in filing of the revision petition is hereby condoned for the reasons stated in the application for condonation of delay.

3.                Present revision petition has been filed by the revisionist against the impugned order dated 28.08.2019 passed by learned District Consumer Disputes Redressal Forum, Faridabad (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party No.2 before learned District Forum, was proceeded against ex-parte.

4.                Feeling aggrieved therefrom, revisionist-opposite party No.2 has preferred the present revision petition.

5.               The arguments have been advanced by Shri Sanjay Verma, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition has been properly perused and examined.

6.                Learned counsel for the revisionist vehemently argued that no notice has been served upon the present revisionist-opposite party No. 2 issued by learned District Forum. Learned District Forum without report of the summons wrongly initiated ex-parte proceedings against the present revisionist vide order dated 28.08.2019. It has been further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated 28.08.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing its written statement, lead its evidence and advancing final arguments on merits.

7.                From the perusal of record, it is clear that the present revisionist- opposite party No.2 was proceeded against ex-parte by the learned District Forum, Faridabad vide order dated 28.08.2019. 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 itself before learned District Forum. Under these circumstances, impugned order dated 28.08.2019 passed by learned District Forum, Faridabad is set-aside for all intents and purposes, present revision petition stands allowed subject to depositing of Rs.5,000/- as of costs to be paid by the present revisionist before learned District Forum, Faridabad. The matter is remitted back to the District Forum, Faridabad to decide the complaint on merits after affording an opportunity Faridabad to present revisionist to file its written statement and to lead its respective evidence. The revision petition be consigned to the record room.

8.                Parties are directed to appear before the District Forum, Faridabad on 31.01.2020 for further proceedings. 

 

 

December 16^th, 2019                                                                         Manjula                                                                                                                     Member                                                                                                                      Addl. Bench                                      

R.K.