Haryana

StateCommission

RP/79/2017

M/S FORD INDIA PRIVATE LTD. - Complainant(s)

Versus

RAMESH CHAND SHARMA - Opp.Party(s)

TARUN GUPTA

19 Sep 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    79 of 2017

Date of Institution:       11.09.2017

Date of Decision:         19.09.2017

 

Ford India Private Limited, through its Chairman/Managing Director/Manager, Corporate Office at 3^rd Floor, Building 10C, DLF Cyber City, DLF Phase-2, Gurgaon.

 

 

…….Petitioner-Opposite Party No.1

 

Versus

 

1.      Ramesh Chand Sharma son of late Shri Nand Kishore, resident of Village Tighra, near Baba Mohan Ram Mandir, Post Office Samaspur, Gurgaon, Haryana.

 

 

                   ……Respondent-Complainant

 

2.      M/s Harpreet Ford, through its Manager/Proprietor/Authorized Person, Office at G-3, Sewa, Corporate Park, MG Road, behind H.P. Petrol Pump, Gurgaon.

 

3.      M/s Harpreet Ford, through its Manager/Proprietor/Authorized Person, Office at Plot No.29-30, Sector 34, Infocity, near Hero Honda Plant, Gurgaon.

 

……Performa Respondents-Opposite Parties No.2 and 3

 

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

                   Shri Balbir Singh, Judicial Member.

 

Present:     Shri Tarun Gupta, counsel for the petitioner.

 

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

The instant revision petition has been filed by Ford India Private Limited-opposite party No.1 against the order dated July 24^th, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’) whereby the petitioner was proceeded ex parte. 

2.      Learned counsel for the petitioner has urged that summons were misplaced in the office of petitioner due to which petitioner could not appear before the District Forum on July 24^th, 2017 and was proceeded ex parte. The next date of hearing before the District Forum is October 10^th, 2017.

3.      It is always better to decide the matter on merits. Ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint.   Accordingly, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.5000/- 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.

4.      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.

5.      The petitioner is directed to appear before the District Forum, on October 10^th, 2017, the date already fixed.

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

         

Announced 19.09.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)