Haryana

StateCommission

RP/19/2022

BAJAJ AUTO BRANCH OF SHREE MOTORS AND OTHERS - Complainant(s)

Versus

MANI GANDHI - Opp.Party(s)

ASHISH BANSAL

02 May 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.19  of 2022

 Date of Institution:22.04.2022

  Date  of  Decision:02.05.2022

 

1. Bajaj Auto, Branch of Shree Motors, Authorised dealer of Bajaj Auto Ltd, Baldev Nagar, New Kalka Chowk, Ambala City, Ambala through Manager.
2. Shree Motors (Authorised dealer of Bajaj Auto Ltd), Ambala Chandigarh Highway, Opp MC Donalds, village Singhpura, Zirakpur, District-Mohali, through Manager.
3. Shree Bajaj Motors Auto Agency, Plot No.385, Industrial Area, Phse-2 Chandigarh through Manager.
4. Shre Motors, (Authorised service Centre), Plot No.169, Industrial Area, Phase-II, Panchkula, through manager.
5. Bajaj Auto Ltd, Akurdi, Pune, (Maharashtra).

…..Petitioners

Versus

 

Mai Gandhi W/o Tarun Munjal, R/o H.No.153/1, New Milap Nagar, Ambala.

…..Respondent

 

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. Suresh Chander Kaushik, Member

                   

Present:-    Mr.Ashish Bansal, Advocate for the petitioners.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

          Revision Petition is preferred against the order dated  15.03.2022 in Consumer Complaint No.14 of 2022 passed by the learned District Consumer Disputes Redressal Commission, Ambala vide which Opposite Party Nos.1 to 5 were proceeded ex parte.

2.      The argument has been advanced by Mr.Ashish Bansal, Advocate for the petitioners. With his kind assistance the original file including whatever the evidence has been led on behalf of  revisionist had also been properly perused and examined.

3.      While unfolding the arguments it has been argued by Mr.Ashish Bansal, Advocate for the revisionist that no notice was served upon the respondents at the local address and the alleged report of refusal was total wrong and procured one. The petitioners have not received any summons through regd. post and as such petitioners failed to appear when the case was called. The absence of the petitioners on 15.03.2022 was neither intentional nor willful but due to the above stated circumstances and reason. Learned counsel for the revisionist prayed that ex parte proceeding dated 15.03.2022 may be set setting aside.

4.        In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceeding were initiated against opposite party Nos.1 to 5, but, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the revisionist-O.P. Nos.1 to 5  are afforded an opportunity to defend itself  before the learned District Commission, so in these circumstances, ex parte  proceedings dated 15.03.2022 initiated against  O.P. Nos.1 to 5-petitioners are set aside.  Revision Petition is allowed.  Let the petitioners be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.      The parties are directed to appear before the learned District Commission, Ambala on  02.05.2022 for further proceedings.

6.      This revision petition has been 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 judgement 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 District Commission, Ambala.

 

02th  May, 2022       Suresh Chander Kaushik                        S. P. Sood                                                    Member                                                         Judicial Member                            

 

S.K

(Pvt. Secy.)