Haryana

StateCommission

RP/43/2016

DR.RITU PARBHAKAR - Complainant(s)

Versus

POONAM MIGLANI - Opp.Party(s)

RAKESH HANDA

16 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   43 of 2016

                                                Date of Institution:       08.06.2016

                                                Date of Decision:         16.08.2016

  

 

Dr. Ritu Parbhakar wife of Sh. Sandeep Parbhakar C/o Parbharkar Hospital, Situated at Assandh Road, Near Fly Over, Panipat, Tehsil and District Panipat.

Petitioner-Opposite Party No.1

 

Versus

 

1.      Smt. Poonam Miglani wife of Sh. Vinod Miglani, resident of House No.850, Ward No.11, Panipat, Tehsil and District Panipat.

Respondent-Complainant

2.      National Insurance Company Limited, G.T. Road, Panipat through its Branch Manager.

Respondent-opposite party No.2

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

 

 

Present :    Dr. Ritu Parbhakar-petitioner in person with Mr. R.K. Handa, Advocate

                   Mr. Ravi Kant, Advocate for the respondent No.1

                   Ms. Swatantar Kapoor, Advocate for the respondent No.2

 

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By order dated July 23^rd, 2015, District Consumer Disputes Redressal Forum, Panipat (for short, ‘District Forum’) struck off the defence of Dr. Ritu Parbhakar-Opposite Party No.1-petitioner. She filed an application to set aside the said order but the same was also dismissed vide order dated May 13^th, 2016.

2.      By filing the present revision, the aforesaid orders have been challenged.

3.      Learned counsel for the petitioner urged that written version was got prepared by the petitioner from her counsel but he did not file the same for the reasons best known to him. At the time of filing of the application to set aside the order dated July 23^rd, 2015, written version was filed.

4.      It has been further urged that in case the petitioner is not granted opportunity to file written version, she will not be able to put her case, so she be allowed to file written version and contest the case on merits.  The next date of hearing before the District Forum is August 24^th, 2016.

5.      Whatever the case may be, it is settled principle of law, that every lis should normally be decided, on merits, than by resorting to hyper- technicalities. When hyper-technicalities, and the substantial justice, are pitted against each other, then the latter shall prevail over the former. The procedure, is, in the ultimate, the handmaid of justice, meant to advance the cause thereof, than to thwart the same. The procedural Rule, therefore, has to be liberally construed, and care must be taken, that so strict interpretation be not placed thereon, whereby, technicality may tend to triumph over justice. It has to be kept in mind, that an overly strict construction of procedural provisions, may result in the stifling of material evidence, of a party, even if, for adequate reasons, which may be beyond its control. We must always remember that procedural law, is not an obstruction, but an aid to justice. Procedural prescriptions are the hand-maid, and not the mistress, a lubricant, not a resistant, in the administration of justice. If the breach can be corrected, without injury to the just disposal of a case, regulatory requirement should not be enthroned into a dominant desideratum. The Courts and the quasi-Judicial Tribunals, have been set up, with the sole purpose of dispensing justice, and not to wreck the end result, on technicalities. This revision petition is allowed and the impugned orders are set-aside subject to conditional cost of Rs.3000/-, to be paid by the petitioner to the complainant before the District Forum on the date fixed. Consequently, the petitioner is accorded opportunity to file written version on the date fixed before the District Forum, that is, August 24^th, 2016.

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

 

 

Announced: 16.08.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

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