STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution: 20.09.2024
Date of hearing: 30.09.2024
Date of pronouncement: 30.09.2024
Revision Petition No.74 of 2024
M/s M.D. Transport Co. Office near GITM College, Bilaspur Road, Pathreri, Gurugram (through its Prop. Rajesh Joon).
.….Revisionist
Versus
M/s Iffco Tokio General Insurance Co. Ltd., Iffco Sadan C-1, District Centre Saket, New Delhi-110017 through its MD / Director / Manager.
….Respondent
CORAM: Mr. Naresh Katyal, Judicial Member.
Mr. S.C. Kaushik, Member.
Present:- Mr. Munish Mittal, counsel for revisionist.
O R D E R
PER: NARESH KATYAL, JUDICIAL MEMBER:
In this revision petition; revisionist has challenged order dated 14.05.2024 passed by learned District Consumer Disputes Redressal Commission-Gurugram. Revisionist evidence has been closed by court order.
2. Feeling dissatisfied, this revision petition has been filed and learned counsel for revisionist Mr. Munish Mittal, has been heard who has raised just single contention that one effective opportunity be granted to revisionist to lead its evidence.
3. Keeping in view, this quality contention of learned counsel for revisionist, this Commission does not see any necessity of issuing notice of this revision petition to respondent as it would unnecessary burden the parties to this Lis to bear unwarranted expenses and would obviously delay the culmination of complaint presently pending before learned District Consumer Commission.
4. This Commission is conscious of well settled legal adage which is no more res-integra by now that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same and technicalities should not come in front of imparting substantial justice to parties by deciding their lis on merits. Further, in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward his/her/its case in a meaningful manner. This Commission is of view that respondent will not suffer any prejudice, in case revisionist is granted one effective opportunity only to lead its entire evidence.
5. In view of above, this revision petition is allowed and impugned order dated 14.05.2024 passed by learned District Consumer Commission-Gurugram in Complaint Case No. 459 of 2022 titled as M/s M.D. Transport Co. Vs. M/s Iffco Tokio General Insurance Co. Ltd. Varun is hereby set aside. Only one effective opportunity is hereby granted to revisionist to tender and conclude its entire evidence (Oral as well as documentary) on 28.10.2024. It would however, be subject to payment of cost of Rs.3000/- to be deposited by revisionist and to be deposited in District Legal Services Authority, Gurugram and receipt in this regard be also placed on record of complaint on 28.10.2024. Payment of cost amount of Rs.3000/- would be the condition precedent for tendering evidence by revisionist. As per impugned order dated 14.05.2024; learned District Consumer Commission has fixed the matter before it for today (30.09.2024) for evidence of OP. OP would now lead its evidence, after complainant has concluded its evidence as per present order of this Commission. Thereafter, learned District Consumer Commission-Gurugram would proceed in the complaint case, as per law and would endeavour to dispose of the complaint, as expeditiously as possible.
7. A copy of this order be provided to all parties, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.
8. File be consigned to record room.
Pronounced on 30th September, 2024.
S.C. Kaushik Naresh Katyal Member Judicial Member
Addl. Bench Addl. Bench
