STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Instituion:10.04.2023
Date of final hearing: 18.04.2023
Date of pronouncement: 18.04.2023
Revision Petition No.39 of 2023
IN THE MATTER OF
1. Ansal Housing & Construction Ltd. Through Incharge/ Authorized Signatory 15, UGF, Indra Parkash Building, 21, Barakhamba Road, New Delhi-11001.
2. Ansal Housing & Construction Ltd. Through Incharge/ Authorized Signatory, Local Office: S.C.O. No.194-195, City Centre, Ansal Sampark-1, Sector-5, Panchkula.
.….Petitioners.
Through counsel Mr. Gaurav Sharma, Advocate along with Mr. Ashish Verma, Advocate
Versus
Shri Mukesh Kumar Garg, S/o Late Shri Barij Lal Garg, R/o House No.1001, Sector-4, Panchkula.
….Respondent.
CORAM: S.P. Sood, Judicial Member.
Present:- Mr. Gaurav Sharma, Advocate along with Mr. Ashish Verma, Advocate, counsel for the revisionists.
O R D E R
PER: S.P.SOOD, JUDICIAL MEMBER:
Present revision petition has been filed by the revisionists against the impugned order dated 20.02.2023 passed by learned District Consumer Disputes Redressal Commission, Panchkula (vide which the defence of present revisionists, who were opposite parties No. 3 & 5 before learned District Commission, was struck off.
2. Feeling aggrieved therefrom, revisionists-opposite parties No. 3 & 5 has preferred the present revisionist petition.
3. The arguments have been advanced by Mr. Gaurav Sharma, learned counsel for the revisionists. With his kind assistance the entire revision petition had also been properly perused and examined.
4. While unfolding the arguments Mr. Gaurav Sharma, learned counsel for the revisionist vehemently argued that complainant-respondent has filed a consumer complaint bearing No.286 of 2022 before learned District Commission, Panchkula. Thereafter, notice of the complaint was issued vide order dated 19.09.2022 to the present petitioners and thereafter when this complaint was fixed for 20.02.2023 for filing written statement on behalf of the present revisionists-opposite parties No. 3 & 5, due to some miscommunication with counsel for revisionists-opposite parties No.3 & 5 could not file reply/written statement before the learned District Commission and during this period even Manager Legal of the petitioners was also on medical leave therefore some lapse has occurred. Hence, learned District Commission, Panchkula has passed the impugned order on dated 20.02.2023 vide which defence of revisionists-opposite parties No. 3 & 5 was struck off. It has further argued that non filing of written statement by revisionists-opposite parties No. 3 & 5 before learned District Commission was neither intentional nor willful, so the impugned order dated 20.02.2023 may be set-aside and an opportunity may be given to the present revisionists-opposite parties No. 3 & 5 for filing their written statement and also to lead their evidence and advancing final arguments on merits
5. In view of the above submissions and careful perusal of the entire record, it is true that defence of the revisionists-opposite parties No. 3 & 5 was struck off by learned District Commission, Panchkula, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the present revisionists-opposite parties No.3 & 5 are afforded an opportunity to defend themselves before the learned District Commission as this complaint is still at its initial stage. So, in these circumstances, order dated 20.02.2023, passed by learned District Commission, Panchkula, is hereby set aside and the present revision petition is allowed subject to depositing of Rs.5,000/- as of costs to be paid by the present revisionists to the complainant before learned District Commission, Panchkula. Let, the present revisionists-opposite parties No. 3 & 5 be afforded an opportunity to appear before learned District Commission and to file its reply as well as to lead its evidence etc. thereafter, the complaint be decided on merits.
6. The revisionists are directed to appear before the learned District Commission, Panchkula on 20.04.2023 for further proceedings.
7. This revision petition has been disposed of without issuing notice to the respondent with a view to imparting 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 Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.
8. Application(s), if any, is disposed off in terms of the aforesaid order.
9. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.
10. File be consigned to record room alongwith a copy of this order.
Pronounced on 18th April, 2023
J.Y..
S.P.Sood Judicial Member Addl. Bench
