Punjab

StateCommission

FA/643/2014

M/s Auto Kruze - Complainant(s)

Versus

Rajinder Kumar - Opp.Party(s)

Updip Singh

11 Feb 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION, PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

 

First Appeal No.643 of 2014

 

                                                Date of Institution :  30.05.2014.

                             Date of Decision    : 11.02.2015.

 

M/s Auto Kruze, G.T. Road, Jandiala Guru, Tehsil and Distt. Amritsar, presently, C/o M/s Automobile bye pass, Amritsar.

                                                     …..Appellant/opposite party

Versus

 

Rajinder Kumar S/o Kewal Krishan, R/o Village Rupwali Brahmin, Tehsil Baba Bakala, District Amritsar.

                                                     ….Respondent/complainant

    

Appeal against order dated 26.03.2014 passed by the District Consumer Disputes Redressal Forum, Amritsar.

 

Quorum:-

 

     Shri J. S. Klar, Presiding Judicial Member.

             Shri Vinod Kumar Gupta, Member.   

Present:-

 

     For the appellant             :     Sh. Updip Singh, Advocate

For the respondent          :     Sh. Amit Arora, Advocate

   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                                 

                    The appellant (opposite party in the complaint) has directed this appeal against the respondent herein (complainant in the complaint) challenging order dated 26.03.2014 of District Consumer Disputes Redressal Forum Amritsar (in short, “the District Forum”).

2.           The complainant Rajinder Kumar filed this complaint under Section 12 of Consumer Protection Act 1986 (in short "Act") against the OP now appellant on the averments that he purchased Tata Safari E-III bearing registrationNo.PB-10-BQ-0032, chasis no.01873, engine no.871616, model no.2005 from Dawinderpal Singh S/o Surinder Singh of Ludhiana for sale price of Rs.3,10,000/-. Rs.2,50,000/- was paid to Dawinderpal Singh in the presence of witnesses and balance amount was to be paid on the condition of handing over the original registration certificate and affidavit in favour of complainant on 20.12.2013. The complainant had given the vehicle to OP and thereafter it was delivered to complainant after service, alleging it to be fit for being roadworthy. The accident took place after service of the vehicle by the OP, when it was driven by Balbir Singh, Kewal Krishan father of the complainant was sitting on the front seat. As a result of that accident father of the complainant died on 18.11.2013 at Sareen Hospital, Amritsar. The complainant also sustained injuries in the above accident and is under treatment. Complainant brought this consumer complainant against the OP praying for compensation of Rs.15,00,000/- for death of his father Kewal Krishan besides Rs.3,00,000/- as compensation for mental torture and harassment, Rs.1,00,000/- for injury to driver of said vehicle and Rs.50,000/- as costs of litigation.
3.           The District Forum sent the notice to OP and OP was set ex-parte by the District Forum, vide order dated 25.03.2014. Dissatisfied with order dated 25.03.2014 of the District Forum, the instant appeal has been preferred against the same before this Commission by the OP now appellant.
4.           We have heard the learned counsel for the parties and also examined the record. We have to examine the record and then come to the conclusion as to whether the OP was rightly set ex-parte by the District Forum, despite the knowledge of this complaint by him or not. The record of the case has been examined by us with the able assistance of counsel for the parties. Notice was sent to the OP by the District Forum Amritsar, vide order dated 11.02.2014 for 07.03.2014. The registered post was not received back on that day and case was adjourned for 25.03.2014 for waiting 30 days period. On 25.03.2014, the OP was set
   ex-parte  on the ground that the registered envelope has not been received back and as such deemed presumption was raised against the OP by the District Forum in setting him ex-parte.
5.           We have found after examining the record that there is no personal service of the OP now appellant in this case. Deemed presumption has been contemplated by the District Forum for non-receipt of registered post after 30 days from the date of its issue after 30 days period. There is an affidavit of the OP now appellant on the record to the effect that he closed the agency and operation of M/s Auto Kruze since 09.01.2014. That he has not received this notice in this complaint. Keeping in view the affidavit of appellant that he has already closed the agency and was not working there and there is no personal service of OP and as such it is fit case where the ex-parte should be set aside and OP now appellant in this case and as such it is ordered that he be permitted to join the proceedings before the District Forum from the date of institution of the case.
6.           In the light of our above discussions, we accept the appeal of the appellant and set-aside the order dated 25.03.2014 of the District Forum Amritsar and direct the District Forum Amritsar to join the OP in the proceedings of this case with retrospective effect.
7.           The parties are directed to appear before the District Forum Amritsar on 13.03.2015. Record of the District Forum Amritsar be sent back forthwith so as to reach there well before date fixed.
8.           The appeal could not be decided within the statutory period due to heavy pendency of court cases.

                                                                          (J. S. KLAR)

                                                             PRESIDING JUDICIAL MEMBER

                       

                                                                   (VINOD KUMAR GUPTA)

                                                                              MEMBER

 

February  11, 2015.                                                                                   

(MM)