Haryana

StateCommission

A/580/2016

AMAR SINGH - Complainant(s)

Versus

PANCHAL WOODEN AND STEEL UDYOG - Opp.Party(s)

BY POST

09 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    580 of 2015

Date of Institution:  31.05.2016

Date of Decision:    09.09.2016

 

 

Amar Singh son of late Sh. Prabhu Ram, resident of 2240, Sector 7, Phase 2, H.B. Colony, Kurukshetra.

Appellant-Complainant

 

 

Versus

 

Panchal Wooden and Steel Udyog, Ambedkar Chowk (Near Corporation Bank), Kurukshetra.

 

Respondent-Opposite Party

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mrs. Urvashi Agnihotri, Member.

      

 

Present:     Sh. Amar Singh, appellant in person.

                   Sh. Raje Ram Kaushik, Advocate for the respondent.

 

                            

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Amar Singh–complainant against the order dated March 02^nd, 2016 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Appellant has urged that the impugned order be set aside and complaint be restored at its original number.

3.         The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

4.       Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

5.      The parties are directed to appear before the District Forum on September 29^th, 2016.

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

  

 

Announced 09.09.2016

(Urvashi Agnihotri) Member

(Nawab Singh) President

UK