Haryana

StateCommission

RP/116/2017

AMAZON E MOBILES - Complainant(s)

Versus

RAJ MOHAN SINGH AND OTHERS - Opp.Party(s)

INDERJIT SINGH

17 Jan 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   116 of 2017

Date of Institution:       30.11.2017

Date of Decision:         17.01.2018

 

 

Amazon, E-Mobiles (Correct name Amazon Seller Services Private Limited) Registered Office at Brigade Gateway, 08^th Floor, 26/1, Dr. Rajkumar Road, Maileshwaram (W), Bangalore-560055, India, through its authorized signatory Shri Rahul Sundaram.

 

 

…….Petitioner-Opposite Party No.2

 

Versus

 

1.      Raj Mohan Singh son of Darbara Singh, resident of Village Dobhi, Tehsil and District Hisar (Haryana).

 

….Respondent No.1-Complainant

 

2.      Golden Telecom, 1^st Floor, Dss 273, (Opp. Aggarsain Bhawan), Ganesh Market, Hisar, Haryana-125001.

 

 

……Respondent No.2-Opposite Party No.1

 

3.      Xiaomi India, C/o Ikeva Business Centre, 08^th Floor, Umiya Business Bay Tower 1, Cessna Business Park, Kadubeesanahalli, Marathahalli-Sarjapur Outer Ring, Bangalore-560068, Karnataka.

 

……Respondent No.3-Opposite Party No.3

 

 

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

                   Shri Balbir Singh, Judicial Member.

                   Shri Diwan Singh Chauhan, Member.                   

 

 

Present:     Shri Inderjit Singh, counsel for the petitioner.

 

                            

O R D E R

 

 

 

NAWAB SINGH, J. (ORAL)

 

          Amazon Seller Services Private Limited-opposite party No.2 (petitioner herein) is in revision against the order dated July 28^th, 2017 passed by District Consumer Disputes Redressal Forum, Hisar (for short, ‘District Forum’), whereby the petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that on the presumption of service, the District Forum proceeded ex parte against the petitioner.

3.      He has 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 January 19^th, 2018.

4.      Notice of the complaint was issued to the petitioner. Petitioner was proceeded ex parte by the District Forum vide impugned order observing as under:-

“Sh. Dheeraj Sachdeva, Adv. Appeared on behalf of OP No.3 and filed P/A. Notice issued to OP No.1 received back served. But none has appeared. Notice issued to OP No.2 through Regd. Post not received back served or unserved. It is presumed that notice has been served to OP No.2. Case called several time since morning. It is already 3.30 P.M. But none has appeared on behalf of OPs No.1 and 2. Hence OPs No.1 and 2 proceeded against ex parte. Notice to come upon 28.8.2017 for WS”

 

5.      A reading of the aforesaid order shows that the District Forum proceeded ex parte against the petitioner, as notice of the complaint not received back served or unserved and more than one month had passed. Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the petitioner. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint.   

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

7.      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.

8.      The petitioner is directed to appear before the District Forum, on January 19^th, 2018, the date already fixed.

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

 

Announced 17.01.2018

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

  D.R.