Haryana

StateCommission

RP/116/2018

AAKSAH MEDICAL IIT JEE - Complainant(s)

Versus

SANJEEV GOYAL - Opp.Party(s)

CHETAN GUPTA

06 Aug 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   116 of 2018

Date of Institution:       01.08.2018

Date of Decision:         06.08.2018

 

 

1.      Aakash Medical IIT-JEE Foundation, 1^st Floor Plot No.11, Near Goyal Dharamshala, Tosham Road, Hisar (Haryana), through its Branch Manager.

 

2.      Aakash Medical IIT-JEE Foundation, Aakash Tower, Plot No.4, Sector-11, MLU Dwarka, New Delhi-110075, through its Chairman and Managing Director Shri J.C. Chaudhary.

 

Current Address: Plot No.8, Aakash Tower, Pusa Road, New Delhi 110005.

 

…….Petitioners-Opposite Parties

 

Versus

 

Sanjeev Goyal son of Shri M.L. Goyal, resident of House No.176, Old Tehsil Chowk, Khajanchian Mohalla, Fatehabad, Tehsil and District Fatehabad, Father and Natural Guardian of Tanish Goyal (minor, aged about 17 years).

 

….Respondent-Complainant

 

 

 

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

                   Shri Balbir Singh, Judicial Member.                  

 

 

Present:     Shri Hitender Kansal, counsel for the petitioners.   

 

                            

O R D E R

 

 

 

NAWAB SINGH, J. (ORAL)

 

          Aakash Medical IIT-JEE Foundation and it’s functionary-opposite parties (petitioners) are in revision against the order dated July 11^th, 2018 passed by District Consumer Disputes Redressal Forum, Hisar (District Forum), whereby petitioners were proceeded ex parte on the ground of presumption of service.

2.      Learned counsel for the petitioners has urged that the impugned order be set aside; opportunity be granted to the petitioners to file written version and contest the complaint. The next date of hearing before the District Forum is August 07^th, 2018.

3.      Notice of the complaint was issued to the petitioners. Petitioners were proceeded ex parte by the District Forum vide impugned order observing as under:-

“Notice issued to OP No.1 received back as served, notice issued to OP No.2 through registered post not received back served as usual. It is already 3.30 pm, none has appeared on behalf of OPs. Hence, OPs are proceeded against ex-parte, now to come up on 1.07.2018 for evidence of complainant”

 

4.      A reading of the aforesaid order shows that the District Forum proceeded ex parte against the petitioners, as notice of the complaint not received back served or unserved. Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the petitioners. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioners to file written version and contest the complaint.   

5.      Accordingly, this revision petition is accepted and the impugned order is set aside. Consequently, the petitioners are accorded opportunity to file written version and join the proceedings.

6.      This revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.  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.

7.      The petitioners are directed to appear before the District Forum, on August 07^th, 2018, the date already fixed.

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

 

Announced 06.08.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

  D.R.