Haryana

StateCommission

A/1016/2015

VIJENDER SINGH - Complainant(s)

Versus

METRO MOTORS PVT.LTD. - Opp.Party(s)

SANJEEV GUPTA

13 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    1016 of 2015

Date of Institution:  30.11.2015

Date of Decision:    13.01.2016

 

Vijender Singh s/o Sh. Pale Ram, r/o V.P.O. Ganga Tehri, Tehsil Assandh, District Karnal.

Appellant-Complainant

 

Versus

 

M/s Metro Motors Private Limited, 76/1, Mile Stone, G.T. Road, Karnal through its Proprietor/Partner.

Respondent-Opposite Party

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

      

 

Present:     Mr. Sanjeev Gupta, Advocate for the appellant.

                   Mr. S.R. Bansal, Advocate for the respondent.

 

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

By filing the present appeal, Vijender Singh-complainant has challenged the order dated November 18^th, 2015 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the petitioner has urged that petitioner wrongly noted the date November 19^th, 2015 instead of November 18^th, 2015 due to which he could not appear on the date fixed and complaint was dismissed in default. 

3.      He further urged that the impugned order be set aside and complaint be restored at its original number.

4.      The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

5.       Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

6.      The parties are directed to appear before the District Forum on January 28^th, 2016.

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

  

 

Announced 13.01.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK