Haryana

StateCommission

RP/84/2015

Haryana Urban Development Authority - Complainant(s)

Versus

Rajesh Kumar - Opp.Party(s)

14 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   84 of 2015

                                                Date of Institution :       09.10.2015

                                                Date of Decision   :      14.10.2015

 

1.      Haryana Urban Development Authority through its Chief Administrator, Sector 6, Panchkula.

 

2.      Estate Officer, Haryana Urban Development Authority, Hisar.

Petitioners- Opposite Parties

 

Versus

 

 

Rajesh Kumar s/o Om Parkash, r/o VPO Naultha, Tehsil Israna, District Panipat.

Respondent -Complainant

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                   

Present :    Mr. Rajesh Kaul, Advocate for the petitioners.

 

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By filing the present revision petition, Haryana Urban Development Authority (HUDA) and another-opposite parties (petitioners)  have challenged the orders dated May 07^th, 2015 and June 16^th, 2015 passed by District Consumer Disputes Redressal Forum,  (for short District Forum), Hisar, whereby petitioners were proceeded ex parte and their application for setting aside ex parte order was dismissed, respectively.

2.      A contest on merits is the soul of justice and a technical default should not be allowed to stand in the way. Justice is the goal of jurisprudence. No party should ordinarily be denied the opportunity of participating in the process of justice dispensation.  Therefore, this Commission deems it appropriate to allow the petitioners to contest the complaint. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

3.      Accordingly, this revision petition is accepted and the orders dated May 07^th, 2015 and June 16^th, 2015 are set aside subject to the conditional cost of Rs.3000/- which is to be paid by the petitioners to the respondent-complainant, on the date fixed, before the District Forum.  Consequently, the petitioners are accorded opportunity to file reply and join the proceedings.

4.      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.

5.      The petitioners are directed to appear before the District Forum on November 20^th, 2015 the date fixed.

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

 

October 14th  2015

Diwan Singh Chauhan Member

B.M.Bedi Judicial Member

Nawab Singh President

U.K