Chandigarh

StateCommission

A/29/2019

Amazon Seller Services Private Limited - Complainant(s)

Versus

Ravinder Singh - Opp.Party(s)

04 Apr 2019

ORDER

Sh. Virinder Madaan, Advocate has filed his fresh Vakalatnama as the earlier Vakalatnama filed by him was not having the Bar Council Stamp.  The same is taken on record.

2.             In response to our order dated 19.03.2019, Sh. Khattar, Advocate has handed over a demand draft bearing No.502640 dated 03.04.2019 for an amount of Rs.20,000/- in the name of Secretary of this Commission. Photocopy of the said demand draft has been retained on file.

3.             Secretary of this Commission is directed to get the aforesaid demand draft encashed and then disburse an amount of Rs.5,000/- to respondent No.1/complainant, namely, Sh. Ravinder Singh on getting his identity proof and the remaining amount of Rs.15,000/- be paid to PGIMER, Chandigarh towards discharge of corporate social responsibility of the applicant, which shall further be deposited in the Poor Patient Welfare Fund (PPWF) maintained by PGIMER, Chandigarh. Let the cheque be prepared in the name of competent officer after getting necessary information from the Medical Superintendent/Director of PGIMER, Chandigarh. 

4.             Needful shall be done within 7 working days from today.

5.             This matter was heard on merits. After perusal of the record, we are convinced that Cglobal – 4/16, Souvenier Building, 15^th Road, Bandra (West), Mumbai - 400050, through its Auth. Signatory, was a necessary party. Further from perusal of the complaint file, it appears that the said Company was left out may be when the complainant was asked to move for substituted service. Feeling that it will involve expenses, an application was moved to delete the said party. We are of the opinion that the said action was not justified and further in the absence of the necessary party, the matter could not have been decided properly.

6.             Counsel for the parties are in agreement that let the judgment under challenge be set aside and the order dated 30.08.2018 vide which Cglobal – Opposite Party No.2 was ordered, to be deleted from the array of the parties, be also set aside.

7.             We appreciate the stand taken by both the parties.

8.             Accordingly, the appeal is allowed and the impugned order dated 10.12.2018 and order dated 30.08.2018 passed by the Forum deleting the name of Opposite Party No.2 are set aside.     

9.             It is stated by Sh. Vishal Khattar, Advocate, Counsel for the appellant that email address of the Company (Opposite Party No.2) is available and it can be served through email. It is also on record that twice notices were sent to it but the same were returned back unclaimed. Counsel for the appellant is directed to supply email address of the Company (Opposite Party No.2) to the Forum within 5 working days from the date of putting in appearance before the Forum. It is ordered that notice be sent through email to the said party.

10.           Parties are directed to appear before the Forum on 19.04.2019.

12.           We expect that the Forum will decide the entire matter expeditiously within two months from the date when the parties will put in appearance before it.

13.           We make it very clear that in case, upon sending notice through email to Opposite Party No.2, it failed to appear, necessary action be taken as per law.

14.           Complete record of complaint file be sent back to the Forum concerned alongwith certified copy of this order, so as to reach there before the date fixed.

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

16.           Certified copies of order be also given dasti to the Counsel for the parties.

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