Haryana

StateCommission

RP/3/2017

Neelima Maheshwari - Complainant(s)

Versus

Rajan Sikka - Opp.Party(s)

25 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.    03 of 2017

Date of Institution:       19.01.2017

Date of Decision:         25.01.2017

 

Neelima Maheshwari, resident of # 280-A, Phase-I, Okhla, Industrial Area, New Delhi.

…….Petitioner-Opposite Party

 

Versus

 

Rajan Sikka son of late Shri R.K. Sikka, resident of House No.105-106, Sector 21-A, Faridabad, District Faridabad.

 

……Respondent-Complainant

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. Ravi Kant, Advocate for the petitioner.    

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

          Neelima Maheshwari-opposite party is in revision against the order dated September 19^th, 2016 passed by District Consumer Disputes Redressal Forum, Faridabad (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that petitioner has neither received nor refused to accept the notice. The District Forum wrongly proceeded ex parte order against her. The next date of hearing before the District Forum is February 02^nd, 2017 for recording the evidence of complainant.

3.      Be that as it may and without delving deeper, 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.  For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.3000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      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.  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.

6.      The petitioner is directed to appear before the District Forum, on February 02^nd, 2017, the date already fixed.

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

  

         

Announced 25.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

  (U.K.)