Chandigarh

StateCommission

RP/4/2017

Ford India Private Limited - Complainant(s)

Versus

Mrs. Mamta Minocha - Opp.Party(s)

Karan Nehra, Adv.

20 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                               

Revision Petition No.	:	4 of 2017
Date of Institution	:	03.03.2017
Date of Decision	:	20.03.2017

 

Ford India Private Limited through its Manager/ Nominee. Authorized Representative having office at 2^nd Floor Building 10 C DLF City Phase II, Gurgaon.

 

……Revision Petitioner/Opposite Party No.2.

 

Versus

 

1. Mrs. Mamta Minocha w/o Mr. Nitin Minocha R/o House No.450F, Sector 7, Chandigarh.

 

….Respondent/complainant.

 

2. Bhagat Ford Motors through its Manager/ Nominee. Authorized Representative having office at Plot No.53, Industrial Area, Phase II, Chandigarh.

 

                  …. Respondent/Opposite Party No.1.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

Sh. Ravi Kumar Nayak, Advocate for the Revision Petitioner/Opposite Party No.2.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            Service is complete.

2.         Sh. Navneet Jindal, Advocate has put in appearance on behalf of respondent No.1/complainant and filed his memorandum of appearance, which is taken on record.

3.         Similarly, Sh. M.S.Bedi, Advocate has put in appearance on behalf of respondent No.2/Opposite Party No.1.

4.         This revision petition has been filed by the revision petitioner/Opposite Party No.2, against order dated 09.02.2017 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short “the Forum” only), vide which, the aforesaid revision petitioner was ordered to be proceeded against exparte.

5.         Counsel for the revision petitioner states that non appearance on the date fixed was not intentional but due to noting down of the wrong date by the Counsel, which led to non-appearance on the date fixed, referred to above.

6.         Counsel for respondent No.1/complainant states that the complaint is now fixed before the Forum on 03.04.2017 for filing replication on the part of the complainant to the reply filed by Opposite Party No.1.

7.         We have heard Counsel for the parties.

8.         We are of the opinion that the matter is at the initial stage and no harm is going to be caused, if at this stage, liberty is granted to the revision petitioner/Opposite Party No.2 to place on record its written statement and evidence/affidavit.

9.         Counsel for the revision petitioner states that reply to the complaint will be filed within 3 days from today in the office of the Forum and evidence/affidavit will place on record on or before the next date of hearing. Today, in Court, Counsel for the revision petitioner/Opposite Party No.2 has handed over copy of the reply to the Counsel for respondent No.1/complainant.

10.        In view of above, this revision petition is allowed. Order, under challenge, is set aside to the extent ordering exparte proceeding against the revision petitioner/Opposite Party No.2.

11.        Parties are directed to appear before the Forum on the date fixed before the Forum i.e. 03.04.2017.

12.        Order passed is subject to payment of Rs.2,000/- as cost. Let amount of cost be paid by the Counsel for the Revision Petitioner/Opposite Party No.2 to respondent No.1/complainant on the next date before the Forum.

13.        Certified copies of this order be sent to the parties, free of charge.

14.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

15.        File be consigned to the Record Room after completion.

Pronounced.

20^th March, 2017.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/rb