Haryana

Ambala

CC/16/2024

SH.SURAJ KUMAR BISHT. - Complainant(s)

Versus

SANJAY BHASIN,CEO (GOIBIBO) - Opp.Party(s)

A.B KAPOOR

31 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.        :        16 of 2024.

                                                          Date of Institution         :        12.01.2024.

                                                          Date of decision   :                  31.05.2024.

 

Shri Suraj Kumar Bisht, Proprietor M/s CareZone Healthcare 15, Vita Enclave, Near Senanagar, Ambala City.

 

                                                    ……. Complainant.

 

                                                Versus

 

1.       Sanjay Bhasin, C.E.O (Goibibo) 19^th Floor, Epitome Building No.5 DLF Cyber    City, DLF Phase-3, Gurugram.

2.       Hotel manager, Hotel Minerva at 11 Ganesh Chandra avenue near Chandni  Chowk Metro Station Kolkata.

 

                                                                                  ….…. Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.          

                            

Present:       Shri Harshit Kapoor, Advocate, counsel for the complainant.

                   Opposite parties No.1 & 2 already ex parte vide order dated 26.03.2024.                                                                                                         (Ms.Tajeshwari, Advocate, counsel for applicant/OP No.1).

 

Complaint under Section 35 of the Consumer Protection Act, 2019

 

Order by:-  Smt. Neena Sandhu, President.

 

                   Today, Ms. Tajeshwari, Advocate, has appeared by way of filing power of attorney on behalf of Goibibo (OP No.1) and filed an application on its behalf seeking permission for joining the proceedings. Copy given. The learned counsel for the complainant has made no objection on the application itself. Heard. In the case of Smt. Sahib Kaur Vs. Sukhbir Singh & Others, decided on 25.05.2016, the Hon’ble Punjab and Haryana High Court, Chandigarh has held that in the circumstances even if the ex parte order was not set aside, the petitioner ought to have at least been allowed to join the proceeding at this stage at which they were. The Hon’ble State Consumer Disputes Redressal Commission, Punjab, in the case of Royal Sundaram General Insurance Company Limited & Another Vs. V.K.Valves Private Limited, decided on 19.10.2023, has held that the petitioners are allowed/entitled to join the proceedings pending before the District Commission, at this stage and to address oral arguments only in support of their contention. In view of the no objection given by the learned counsel for the complainant and the law laid down by the Hon’ble Superior Courts, in the cases referred to above, we hereby allow the present application and the OP No.1 is allowed to join the proceedings but has no right to file written version and evidence.  

                   Learned counsel for the OP No.1 has suffered a statement, which is recorded separately, to the effect that OP No.1 ready to pay a lumpsum amount of Rs.13,000/- as full and final settlement in the present case.  Learned counsel for the complainant has also suffered a statement, which is recorded separately, to the effect that he has received Rs.13,000/-, from the counsel for the OP No.1, in full and final settlement and withdraws the present complaint on behalf of the complainant.      

                   In view of the statements suffered by the learned counsel for the OP No.1 and the learned counsel for the complainant, the present complaint is hereby dismissed as withdrawn. Certified copy of this order passed in Lok Adalat be supplied to the parties concerned, free of costs, as per rules. File be indexed and consigned to record room, after due compliance.

Announced: 31.05.2024.

 

                             Member                                           President

                                                                                      DCDRC, Ambala