STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Instituion:18.04.2023
Date of final hearing:02.05.2023
Date of pronouncement: 02.05.2023
Revision Petition No.40 of 2023
IN THE MATTER OF
1. Housing Board Haryana, C-15, Awash Bhawan Sector-6, Panchkula, through its Managing Director.
2. Housing Board Haryana, Housing Board Colony, Sector-4, Shop No. 9 & 10, Distt. Kurukshetra, Haryana, through its Estate Officer/ Manager. ....Revisionists/opposite parties.
Through counsel Mr. V.P.S. Namdev, Advocate
Versus
Ramesh Kumar S/o Shri Rattan Singh, R/o Ward No.1, VPO Pai, Tehsil Pundri, Distt. Kaithal, Haryana.
….Respondent/complainant.
CORAM: S.P. Sood, Judicial Member.
Present:- Mr. V.P.S. Namdev, counsel for the revisionists.
O R D E R
PER: S.P. SOOD JUDICIAL MEMBER:
Delay of 159 days in filing of the present revision petition is hereby condoned for the reasons stated in the application for condonation of delay.
2. Present revision petition has been filed by the revisionists against the impugned order dated 10.08.2022 passed by learned District Consumer Disputes Redressal Commission, Kurukshetra (vide which the defence of present revisionists, who were opposite parties was struck off.
3. Feeling aggrieved therefrom, revisionists-opposite parties have preferred the present revisionist petition.
4. The arguments have been advanced by Mr. V.P.S. Namdev, learned counsel for the revisionists. With his kind assistance the entire revision petition had also been properly perused and examined.
5. While unfolding his contention Mr. V.P.S. Namdev, learned counsel for the revisionist vehemently argued that complainant-respondent herein has filed a consumer complaint bearing No.151 of 2022 before learned District Commission, Kurukshetra. Thereafter, notice of the complaint was issued to the opposite parties and they filed memo of appearance on 15.06.2022 and the next date was given as 18.07.2022 but on 18.07.2022 the Presiding officer was on leave and the next date was given as 10.08.2022 and the said date was not the last date for fling of written version and present revisionists-opposite parties could not file reply/written statement before the learned District Commission and on 19.10.2022 when the counsel for the revisionists/opposite parties appeared before the learned District Commission, Kurukshetra to file their written version only then they come to know that the defence of present revisionist/opposite parties has already been struck off vide order dated 10.08.2022. Hence, learned District Commission, Kurukshetra has passed the impugned order on dated 10.08.2022 vide which defence of revisionists-opposite parties was struck off. It has further argued that non filing of written statement by revisionists-opposite parties before learned District Commission was neither intentional nor willful, so the impugned order dated 10.08.2022 may be set-aside and an opportunity may be given to the present revisionists-opposite parties for filing their written statement and also to lead their evidence and advancing final arguments on merits and the main case is still at the evidence stage.
6. In view of the above submissions and careful perusal of the entire record, it is true that defence of the revisionists-opposite parties was struck off by learned District Commission, Kurukshetra, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits instead of technical ground. The complainant is not going to suffer any irreparable loss if the present revisionists-opposite parties are afforded an opportunity to defend themselves before the learned District Commission as this complaint is still at its initial stage. So, in these circumstances, order dated 10.08.2022, passed by learned District Commission, Kurukshetra, is hereby set aside and the present revision petition is allowed. Let, the present revisionists-opposite parties be afforded an opportunity to appear before learned District Commission and to file its reply as well as to lead its evidence etc. thereafter, the complaint be decided on merits.
7. The revisionists are directed to appear before the learned District Commission, Kurukshetra on 09.05.2023 for further proceedings.
8. This revision petition has been disposed of without issuing notice to the respondent with a view to imparting 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 Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.
9. Application(s), if any, is disposed off in terms of the aforesaid order.
10. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.
11. File be consigned to record room alongwith a copy of this order.
Pronounced on 02nd May, 2023
J.Y.
S.P.Sood Judicial Member Addl. Bench
