Haryana

StateCommission

RP/25/2020

VISHAL MEGA MART AND ANOTHER - Complainant(s)

Versus

SANJAY KUMAR MISHRA - Opp.Party(s)

MANOJ KUMAR

26 Feb 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.25 of 2020

 Date of Institution:18.02.2020

  Date of Decision:26.02.2020

 

1.      Vishal Mega Mart, SCO No.104-105, Sector-5, Panchkula, Haryana-134109.

2.      The Chief Executive Officer, Airplaza Retail Holdings Pvt. Limited. (Formerly known as Vishal Mega Mart), Plot No.184, Platinum Tower, 5^th Floor, Udyog Vihar, Phase-1, Gurugram, Haryana.

…..Revisionists.

Versus

Sanjay Kumar Mishra, R/o House No.1224, Ground Floor, New HBC, Sector-19, Panchkula.

                                                                             …..Respondent.

CORAM:-       Shri Harnam Singh Thakur, Judicial Member.

                   Smt. Manjula, Member.

                  

Present:-   Shri Devinder Kumar, counsel for the revisionists.

                                                           ORDER

HARNAM SINGH THAKUR, JUDICIAL MEMBER:

                    Present revision petition has been filed by the revisionists against the impugned order dated 19.12.2019 passed by learned District Consumer Disputes Redressal Forum, Panchkula (in short ‘learned District Forum’), vide which the present revisionists, who were opposite parties No.1 & 2 before learned District Forum, were proceeded against ex-parte.

2.                Feeling aggrieved therefrom, revisionists-opposite parties No.1 & 2 have preferred the present revision petition.

3.               The arguments have been advanced by Shri Devinder Kumar, learned counsel for the revisionists. With his kind assistance the entire records of the revision petition has been properly perused and examined.

4.                Learned counsel for the revisionists vehemently argued that complainant/respondent has filed a complaint bearing No.584 of 2019 before learned District Forum, Panchkula and notice was issued for 19.12.2019 and on that very first date present revisionists were proceeded against ex-parte by learned District Forum merely relying on the fact that a notice was issued through registered post and same has not been received back either served or unserved, whereas the present revisionists were not served with any summons. It is further argued that non appearance of revisionists before learned District Forum was neither intentional nor willful, so the impugned order dated 19.12.2019 may be set-aside and  an opportunity may be given to the present revisionists for filing written statement, leading evidence and advancing final arguments on merits.

5.                From the perusal of record, it is clear that present revisionists-opposite parties No.1 & 2 were proceeded against ex-parte by learned District Forum, Panchkula vide order dated 19.12.2019 on the very first date. They were also not directly served. 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 revisionists should be afforded an opportunity of representing themselves before learned District Forum as it would cause no prejudice to the complainant. Under these circumstances, impugned order dated 19.12.2019 passed by learned District Forum, Panchkula is set-aside for all intents and purposes qua present revisionists only, present revision petition stands allowed subject to depositing of Rs.5,000/- as of costs to be paid by the present revisionists to the complainant before learned District Forum, Panchkula. The matter is remitted back to the District Forum, Panchkula to decide the complaint on merits after affording an opportunity to present revisionists to file their written statements and to lead its respective evidence. The revision petition be consigned to the record room.

6.                Revisionists are directed to appear before the District Forum, Panchkula on 13.03.2020 for further proceedings.

 

February 26^th, 2020               Manjula                                  Harnam Singh Thakur                                             Member                                  Judicial Member                                                       Addl. Bench                           Addl. Bench

R.K.