Haryana

StateCommission

RP/32/2017

FORD INDIA LTD. - Complainant(s)

Versus

SACHIN TOMAR - Opp.Party(s)

KARAN NEHRA

05 Apr 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    32 of 2017

Date of Institution:       28.03.2017

Date of Decision:         05.04.2017

 

 

Ford India Private Limited, Maraimalai Nagar, Chennai, Tamil Nadu, through its President and Managing Director/Director.

 

…….Petitioner-Opposite Party No.2

 

Versus

 

1.      Sachin Tomar son of Shri Bijender Singh, resident of MCF-138, Kundan Colony, near Hindu School, Ballabgarh, District Faridabad-121004, Haryana.

 

                   ……Respondent No.1-Complainant

 

2.      V.GO Motor Private Limited 12/4, Sewa Grand Mall, Sarai Khwaja, Sector-37, Mathura Road, Faridabad (Haryana) through its President, Managing Director/Director.

 

……Respondent No.2-Opposite Party No.1

 

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

                   Mr. Balbir Singh, Judicial Member.

 

Present:     Mr. Karan Nehra, 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.2 against the order dated February 02^nd, 2017 passed by District Consumer Disputes Redressal Forum, Faridabad (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 February 02^nd, 2017 and was proceeded ex parte. The next date of hearing before the District Forum is April 21^st, 2017 for filing written version by opposite party No.1.

3.      Be that as it may and without delving deeper, this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the petitioner to file written version and contest the complaint.  For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the impugned order dated February 02^nd, 2017 is set aside subject to the conditional cost of Rs.3,000/- which is to be paid by the petitioner to the respondent No.1-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      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.

6.      The petitioner is directed to appear before the District Forum, on April 21^st, 2017, the date already fixed.

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

         

Announced 05.04.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)