Delhi

StateCommission

RP/169/2016

VOLKSWAGEN GROUP SALES INDIA PVT. LTD. - Complainant(s)

Versus

NAVEEN KUMAR GUPTA - Opp.Party(s)

R. SUDHINDER

18 Apr 2017

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

Date of Decision: 18.04.2017

 

 

Revision Petition No.169/2016

(Arising out of the order dated 23.04.2016 passed in Complaint Case No.117/2016 by the District Consumer Redressal Forum-III, New Delhi)

 

In the matter of:

 

Volkswagen Group Sales India Ltd.,

Silver Utopia, 3^rd and 4^th Floor,

Cardinal Gracious Road,

Chakala, Andheri (East),

Mumbai – 400099.

                       ....Petitioner

 

Versus

 

1. Shri Naveen Kumar Gupta,

R/o H-19.143, Sector -3,

Rohini, New Delhi – 110085.

 

2. Worldclass Automobiles (Pvt.) Ltd.,

68/3, Najafgarh Road,

Near  Moti Nagar, New Delhi-110015.

 

3. Bhagat Automobiles Pvt. Ltd.,

Bhagat Group, Malout Road,

Near Muktsar Bypass Road,

Bhatinda- 15001. Punjab.

....Respondents

CORAM

Ms. Salma Noor, Member

 

 

1. Whether reporters of local newspaper be allowed to see the judgment?

 

2. To be referred to the reporter or not?

 

Salma Noor, Member

 

 

1. This is a revision petition wherein prayer is made for setting aside the order dated 23.04.2016 passed by the District Forum-III in CC No.117/2016, whereby the petitioner/OP No.2 has been proceeded ex-parte.
2. The aforesaid order reads as under:

           “23.04.2016

Present:   Counsel for complainant.

                 Shri Rishikant, Counsel for OP -1.

 

       OP -1 filed reply. Copy given. Notice of OP -2 received duly served. Matter passed over many times. None appeared on behalf of OP -2, so OP -2 is proceeded ex-parte

 

       Notice of OP -3 received unserved. Complainant filed an application  u/s 13B of CPA. Copy given to OP -1. Notice of this application be also sent.

 

 

3. Counsel for the petitioner/OP No.2 stated that in the instant matter the petitioner/OP No.2 was duly served and the date to appear before the Ld. District Forum was 23.04.2016, which was a Saturday. Further, the clerk of the counsel for the petitioner/OP No.2 reached the District Forum and was informed that the Ld. District Forum do not hold court on Saturday. It is stated that the clerk of the counsel for the petitioner/OP No.2 was informed that next date of hearing will be informed on 26.04.2016. On 26.04.2016 it was informed that the petitioner/OP No.2 has been proceeded ex-parte.
4. Counsel for the respondent No.1/complainant initially opposed the petition. However, after some arguments, the counsel for the respondent No.1/complainant states that he has no objection if the impugned order is set aside subject to costs.
5. In view of the reasoning given as well as no objection given and for effective disposal of the case on merits, subject to cost of Rs.3,000/- we accept this petition and set aside the order dated 23.04.2016.
6. The parties are directed to appear before the Ld. District Forum on 15.05.2017, when the petitioner/OP No.2 shall pay costs to the respondent No.1/complainant and shall also file its written statement, thereafter the District Forum shall proceed further in the matter in accordance with law.
7. The petition stands disposed of accordingly.
8. Copy of this order be given to the parties and be also sent to the District Forum-III, New Delhi for information.

           File be consigned to Record Room.

 

 (Salma Noor)

Member

Tri