Haryana

StateCommission

RP/06/2017

The Managing Director - Complainant(s)

Versus

Mr. Tarsem Garg - Opp.Party(s)

30 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.    06 of 2017

Date of Institution:       20.01.2017

Date of Decision:         30.01.2017

 

The Managing Director, Spicejet Ltd., through its Sr. Manager (Legal) 319, Udyog Vihar, Phase-IV, Gurgaon, Haryana.

 

…….Petitioner-Opposite Parties

 

Versus

 

Mr. Tarsem Garg, resident of House No.1641, Sector4, Panchkula, Haryana.

                   ……Respondent-Complainant

 

CORAM:   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.                    

 

Present:     Mr. Saurabh Sharma, counsel for the petitioner.

 

O R D E R

 

 B.M. BEDI, JUDICIAL MEMBER

The Managing Director, Spicejet Limited and its functionary-opposite parties are in revision against the order dated December 30^th, 2016 passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that counsel of petitioner was out of station due to which counsel of petitioner could not appear before District Forum on December 30^th, 2016 and was proceeded ex parte. The next date of hearing before the District Forum is February 14^th, 2017 for recording the evidence of 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. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the impugned order dated December 30^th, 2016 is set aside subject to the conditional cost of Rs.2,000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      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.

6.      The petitioner is directed to appear before the District Forum, on February 14^th, 2017, the date already fixed.

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

 

         

Announced 30.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

  (D.R.)