Chandigarh

StateCommission

RP/14/2016

The Manager, TATA Capital Finance Limited - Complainant(s)

Versus

Ravi Sher Singh - Opp.Party(s)

Vikrant Guleria, Adv.

14 Jun 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Revision Petition No.	:	14 of 2016
Date of Institution	:	23.05.2016
Date of Decision	:	14.06.2016

 

 

The Manager, Tata Capital Finance Limited, SCO No.114, District Shopping Complex Centre, B-Block, Ranjit Avenue, Amritsar.

……Petitioner/Opposite Party No.1.

Versus

Ravi Sher Singh, S/o Sh. Jaswinder Singh, r/o Village Muchhal, Tehsil Baba Bakala, District Amritsar.

…. Respondent/complainant.

 

BEFORE:   SH. DEV RAJ, PRESIDING MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Vikrant Guleria, Advocate for the Revision Petitioner/Opposite Party No.1.

Sh. Durga Dutt Sharma, Advocate for the respondent/complainant.

 

 

PER DEV RAJ, PRESIDING MEMBER

 

 

(ORAL)

 

            Service is complete.

2.         Sh. Durga Dutt Sharma, Advocate has put in appearance on behalf of the respondent/complainant by submitting his Power of Attorney.

3.         Alongwith the Revision Petition, an application for condonation of delay of 108 days, as per the revision petitioner, in filing the revision petition, has been filed.

4.         Heard Counsel for the parties on the application, aforesaid.

5.         For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned.

6.         The application is disposed of accordingly.

7.         It is stated by Counsel for the Revision Petitioner that non appearance was not intentional and the petitioner will suffer irreparable loss and damage, if the exparte order dated 06.11.2015 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short ‘the Forum’), against the Revision Petitioner (Opposite Party No.1) is not set aside. It is prayed that an opportunity be granted to the revision petitioner/Opposite Party No.1 to file written statement and evidence on record. It is further stated that needful shall be done on or before the next date of hearing.

8.         We are satisfied with the reasons given for non-appearance. Otherwise also, at the time of arguments, Sh. Durga Dutt Sharma, Advocate, Counsel for the respondent/complainant has very graciously stated that let the order under challenge be set aside and the matter be decided by the Forum on merits.

9.         We appreciate the stand taken by Sh. Durga Dutt Sharma, Advocate for the respondent/complainant.

10.        In view of above, the Revision Petition is accepted. Order under challenge is set aside subject to payment of Rs.2,000/- as cost. The said amount shall be paid by the Counsel for the petitioner/Opposite Party No.1 to the Counsel for the respondent/complainant before the Forum on the next date of hearing. Liberty is granted to the revision petitioner to file its reply, affidavit and evidence, on record, before the next date of hearing i.e. 04.07.2016, before the Forum, failing which, no further opportunity shall be granted to the revision petitioner.

11.        Parties are directed to appear before the Forum concerned on 04.07.2016.

12.        Certified copies of this order be sent to the parties, free of charge.

13.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

14.        File be consigned to the Record Room after completion.

Pronounced

June 14, 2016.

                       

 

(DEV RAJ)

PRESIDING MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Rb