Chandigarh

StateCommission

RP/28/2016

Apple India Pvt. Ltd. - Complainant(s)

Versus

Rahul Ranchal - Opp.Party(s)

Deepak Jain, Adv.

23 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Revision Petition No.	:	28 of 2016
Date of Institution	:	19.08.2016
Date of Decision	:	23.08.2016

 

 

Apple India Pvt. Ltd., 19 Floor, Concorde Tower C UB City, No.24, Vittal Mallya Road, Bangalore – 560001 through its authorized Signatory.

……Petitioner/Opposite Party No.2.

Versus

1. Rahul Ranchal S/o Balwinder Kumar Ranchal, House No.945, 1^st Floor, Sector 11, Panchkula.
2. Currents Technologies Retail (India) Ltd., Shop No.242, Plot No.178 & 178A, Industrial Area, Phase 1, Industrial Area, Chandigarh – 160002.
3. F1 Info Solutions Pvt. Ltd., First Floor, SCO – 274, Sector 32D, Chandigarh – 160031.
4. Bharti Airtel Ltd., Bharti Crescent 1, Nelson Mandela Road, Vasant Kunj, New Delhi – 110070.

……Respondents.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

 

Argued by:

 

Sh. R. K. Bhatia, Advocate Proxy for Sh. Deepak Jain, Advocate for the Revision Petitioner/Opposite Party No.2.

 

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

 

 

(ORAL)

 

            This revision petition has been filed to impugn order dated 21.07.2016 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short ‘the Forum’), vide which, for non appearance on the date fixed, the Revision Petitioner/Opposite Party No.2 was ordered to be proceeded against exparte.

2.         It is on record that notice in the complaint was issued on  30.05.2016 for 05.07.2016. Service qua the revision petitioner/Opposite Party No.2 was not complete on the said date and to await service, the complaint was adjourned to 21.07.2016, on which date when none appeared on behalf of the revision petitioner/Opposite Party No.2, the impugned order was passed. The complaint is now fixed for 02.09.2016.

3.         It is stated by Counsel for the revision petitioner/Opposite Party No.2 that non appearance was not deliberate. It was further stated that copy of notice received was misplaced, on account of which, appearance could not be put in. Nothing substantial has been done in the complaint. It is fixed on 02.09.2016 only for preliminary proceedings. No harm will be caused, if at this stage, opportunity is granted to the revision petitioner/Opposite Party No.2 to participate in the proceedings by filing reply and evidence on record.

4.         It is stated by Counsel for the revision petitioner/Opposite Party No.2 that reply and evidence will be filed on or before the date fixed before the Forum.

5.         In view of above, this Revision Petition is allowed. The order, under challenge, is set aside. Liberty is granted to the revision petitioner/Opposite Party No.2 to appear before the Forum and file its reply and evidence, on or before 02.09.2016, as undertaken. It is made clear that if undertaking given is not honoured by the revision petitioner/Opposite Party No.2, no further opportunity shall be granted to the revision petitioner/Opposite Party No.2 to file reply etc. and the order passed on 21.07.2016 shall be deemed to have been affirmed.

6.         We are not issuing notice to respondent No.1/complainant, at this stage, because if he is summoned to the Court, it will involve huge expenses for him.

7.         Order passed is subject to payment of Rs.3,000/- as costs. Let amount of cost be paid by the Revision Petitioner/Opposite Party No.2 to respondent No.1/complainant on or before the date fixed in the Forum.

8.         Counsel for Revision Petitioner/Opposite Party No.2 is directed to appear before the Forum on 02.09.2016.

9.         Certified copies of this order be sent to the parties, free of charge.

10.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

11.        File be consigned to the Record Room after completion.

Pronounced.

23^rd August 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

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