Haryana

StateCommission

RP/39/2019

OHM PATANJALI BIG STORE - Complainant(s)

Versus

SANDEEP KUMAR - Opp.Party(s)

SUSHIL KUMAR VERMA

15 May 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.39 of 2019

 Date of Institution:25.04.2019

  Date of Decision:15.05.2019

 

OHM Patanjali Big Store, OHM Cine Garden, through its proprietor at Hisar Road, opposite Royal Haveli, Sirsa, through its proprietor Pankaj Khemka.

…..Revisionist.

Versus

 

Sandeep Kumar son of Sh. Devi Lal, R/o Permanent resident of House No.307, Ward No.8, Street No.9, Exta Nagri, Mandi Dabwali, Now at House No.1181, HUDA, Sector-20, Par-II, Sirsa.

…Respondent

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                   Mrs. Manjula, Member.

                                     

Present:-    Mr.Sushil Kumar Verma, Advocate for the revisionist.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

1.                Present revision petition has been filed by the revisionist against the impugned order dated 15.03.2019 passed by learned District Consumer Disputes Redressal Forum, Sirsa (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party (in short ‘O.P’) before learned District Forum, was proceeded against ex-parte.

2.                Feeling aggrieved therefrom, revisionist-O.P has preferred the present revision petition.

3.               The arguments have been advanced by Sh. Sushil Kumar Verma, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition had been properly perused and examined.

4.                Learned counsel for the revisionist vehemently argued that in the complaint filed by the complainant before learned District Forum against the firm of present revisionist through its proprietor, but intentionally the name of proprietor was not mentioned. It has further argued that the abovesaid firm is being managed by its proprietor Sh. Pankaj Khemka and he has appointed Mr. Sanjay Singla as manager of his firm i.e. retail outlet of the Patanjali products but the complainant intentionally and deliberately did not arrayed the manufacturer of the goods i.e. Bournvita article alleged to have been purchased by the complainant from the petitioner firm. It has further argued that proprietor of the firm Sh. Pankaj Khemka and manager Sh. Sanjay Singla was never served in person by way of registered post or publication and learned District Forum, Sirsa vide order dated 15.03.2019 proceeded the present revisionist against ex-parte. It has further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated  15.03.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing written statement, lead evidence and advancing final arguments on merits.

5.                From the perusal of record, it is clear that the present revisionist-O.P was proceeded against ex-parte by the learned District Forum, Sirsa vide order dated 15.03.2019. However, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 15.03.2019 passed by learned District Forum, Sirsa is set-aside for all intents and purposes and the present revision petition stands allowed. The matter is remitted back to the District Forum, Sirsa to decide the complaint on merits after affording an opportunity to present revisionist to file its written statement and to lead respective evidence. The revision petition be consigned to the record room.

6.                Parties are directed to appear before the District Forum, Sirsa on 05.07.2019 for further proceedings. 

 

 

 

May   15^th, 2019                      Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl. Bench              

           

R.K.