Haryana

StateCommission

RP/114/2016

DR,SACHIN - Complainant(s)

Versus

PREM CHAND - Opp.Party(s)

SAHIL KHUNGER

21 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

 

                                                          Revision Petition No  : 114 of 2016

Date of Institution:        06.12.2016

Date of Decision :         21.12.2016

 

Dr. Sachin, Proprietor Sachin Hospital, Near Panchwati Mor, New Sohna Road, Palwal.

                                      Petitioner-Opposite Party No.3

Versus

 

1.      Prem Chand son of Sh. Daal Chand, resident of Village Alhapura, Tehsil and District Palwal.

                                      Respondent-Complainant

2.      National Insurance Company Limited, Divisional Office 5C/1-2, B.P. Railway Road, Neelam Chowk, Faridabad through Manager.

3.      Park Medical TPA Private Limited, 702, Vikrant Tower, Rajender Palace, New Delhi through Manager.

Respondents-Opposite Parties No.1 & 2

 

 

 

 

 

 

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

                             Shri B.M. Bedi, Judicial Member.

                  

 

Present:               Shri Sahil Khunger, Advocate for petitioner.

 

 

                                                   O R D E R

 

 

NAWAB SINGH J, (ORAL)

 

By filing the present revision petition, Dr. Sachin-opposite party No.3 has challenged the order dated October 24^th, 2016 passed by District Consumer Disputes Redressal Forum, Palwal (for short ‘District Forum’) whereby the petitioner was proceeded exparte.

2.      Learned counsel for the petitioner has urged that petitioner has wrongly noted the date November 24^th, 2016 instead of October 24^th, 2016 due to which he could not appear on the date fixed and was proceeded ex parte. 

3.      He further urged that the impugned order be set aside; opportunity be granted to the petitioner to file written version and contest the complaint. The next date of hearing before the District Forum is December 27^th, 2016.

4.      Be that as it may and without delving deeper, the revision petition is accepted and the  this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the petitioner to file written version and contest the complaint. 

5.      Accordingly, this revision petition is accepted and the impugned order is set aside. The petitioner is accorded opportunity to file written version and join the proceedings.

6.      This revision petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents 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 Vs. Presiding Officer, Labour Court, Gurdaspur(CWP No.9563 of 2002) decided on June 27^th, 2002.

7.      The petitioner is directed to appear before the District Forum, on December 27^th, 2016, the date already fixed.

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

 

Announced 21.12.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK