Haryana

StateCommission

RP/14/2018

PATANJALI KISSAN SEWA KENDER AND OTHERS - Complainant(s)

Versus

RAJ PAL - Opp.Party(s)

GURMAIL SINGH DUHAN

27 Feb 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.14 of 2018

Date of Institution:     20.02.2018

Date of Decision:      27.02.2018

 

1.      Patanjali Kissan Sewa Kender, Shop No.33, Mahila Ashram Market, Karnal, through Sher Singh alias Rishi Pal Nehra.

 

2.      Nehru Seed Company, VPO Hassanpur, Tehsil Gharaunda, District Karnal, through its Authorized Signatory.

 

3.      Sher Singh alias Rishi Pal Nehra, resident of VPO Hassanpur, Tehsil Gharaunda, District Karnal, authorized signatory of Nehru Seed Company, VPO Hassanpur, Tehsil Gharaunda, District Karnal.

 

Petitioners-Opposite Parties

 

Versus

 

Raj Pal son of Shri Kartar Singh, resident of Village Agondh, District Karnal.

 

Respondent-Complainant

 

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

                   Shri Balbir Singh, Judicial Member.

                         

 

Present:     Shri Gurmail Singh Duhan, counsel for the petitioners.

         

                            

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

By order dated February 23^rd, 2017 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’), Patanjali Kissan Sewa Kender, Karnal-opposite party No.1 (petitioner herein) was proceeded ex parte.

2.      In revision petition before this Commission, the petitioner has challenged the aforesaid order.

3.      Learned counsel for the petitioner has urged that the impugned order be set aside and liberty be granted to the petitioner to contest the complaint and file written version. The next date of hearing before the District Forum is March 08^th,  2018.

4.      The case is at its initial stage. Justice is the goal of jurisprudence. No party should ordinarily be denied the opportunity of participating in the process of justice dispensation. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party. The ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint. Therefore, this Commission deems it appropriate to allow the petitioner to file written version. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

5.      Accordingly, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.2500/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. Consequently, 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 respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.  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 March 08^th, 2018, the date already fixed.

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

  

 

February 27th, 2018 D.R.

(Balbir Singh)  Judicial Member

(Nawab Singh) President