Haryana

StateCommission

A/608/2017

VAIBHAV BHASIN - Complainant(s)

Versus

ROYAL ENFIELD - Opp.Party(s)

PULKIT DAGAR

20 Jul 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    608 of 2017

Date of Institution:  18.05.2017

Date of Decision:    20.07.2017

 

Vaibhav Bhasin son of Shri Sunil Kumar Bhasin, resident of House No.416, Sector 16, Urban Estate, Karnal.

Appellant-Complainant

 

Versus

 

1.      M/s Royal Enfield, A unit Eicher Motors Limited High Rood Tirurottiyur, Chennai.

 

2.      M/s Manzil Motors, 9A IDC Mehrauli, Sector 16, Gurgaon.

 

3.      M/s Monga Motors, Old G.T. Road, near Namestey Chowk, Karnal.

 

Respondents-Opposite Parties

 

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

                   Shri Balbir Singh, Judicial Member.

                                            

 

Present:     Shri Pulkit Dagar, counsel for the appellant.

 

                            

O R D E R

 

 NAWAB SINGH, J (ORAL)

 

Vaibhav Bhasin–complainant is in appeal against the order dated April 20^th, 2017 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’), whereby the complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that on April 20^th, 2017, the counsel appearing on behalf of the complainant before the District Forum could not appear because his uncle expired on that date and as such, the complaint was dismissed in default. 

3.      Be that as it may, without delving deeper, this Commission deems it appropriate to restore the complaint.  The appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication on merits.

4.      This appeal 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 appellant is directed to appear before the District Forum on July 31^st, 2017.

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

  

July 20th, 2017

Balbir Singh Judicial Member

Nawab Singh President

 

 (D.R.)