Haryana

StateCommission

RP/46/2024

HINDUSTAN PETROLEUM CORPORATION LTD - Complainant(s)

Versus

SANTOSH AND OTHERS - Opp.Party(s)

ASHISH KAPOOR

07 Aug 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA  

                                                                  Date of Institution: 26.06.2024

                Date of hearing: 07.08.2024

                      Date of pronouncement: 07.08.2024

 

Revision Petition No.46 of 2024

Hindustan Petroleum Corporation Ltd., Petroleum House, 17, Jamshedji Tata Road, Mumbai, through its constituted attorney Sh. Prem Singh S/o Jageer Singh working a Deputy General Manager in Chandigarh LPG Regional Office, Tel Bhawan, Sector-19, Chandigarh.                                              .….Petitioner

 

Versus

 

1.      Santosh W/o Satish Kumar, R/o Village and Post Office Radaur, Tehsil    Radaur, District Yamuna Nagar.

2.      Pritam S/o Satish Kumar, R/o Village and Post Office Radaur, Tehsil        Radaur, District Yamuna Nagar.

3.      Prem Gas Service, Mandi Road, Radaur, District Yamuna Nagar through          its partner/proprietor.

4.      The Oriental Insurance Co. Ltd. SCO 102, 1^st Floor, Sector-17, Near Petrol           Pump, HUDA, Commercial Belt, Jagadhari, District Yamuna Nagar through       its Branch Manager.                                                                  ….Respondents

CORAM:   Mr. Naresh Katyal, Judicial Member.

                   Mr. S.C. Kaushik, Member. 

         

Present:-    Mr. M.S. Rana, counsel for petitioner.

O R D E R

PER: NARESH KATYAL, JUDICIAL MEMBER:

                             In this revision petition; petitioner- Hindustan Petroleum Corporation Ltd. has assailed legality of two orders passed by learned District Consumer Disputes Redressal Commission-Yamuna Nagar. One order is dated 26.03.2024, vide which defence of OP No.1- Hindustan Petroleum Corporation Ltd.-petitioner herein has been struck off. Vide second order dated 30.05.2024, application filed by Hindustan Petroleum Corporation Ltd. for recalling order dated 26.03.2024 has also been dismissed.

2.                Learned counsel for petitioner has contended that: in case revisionist is not granted liberty to put forward its case, then it would suffer irreparable loss and injury. In impugned order dated 30.05.2024, learned District Consumer Commission-Yamuna Nagar has cited reason that it cannot review its order dated 26.03.2024, while declining revisionist’s prayer seeking recalling of said order dated 26.03.2024.

3.                This Commission is conscious of well settled legal adage that: it is no more res-integra by now that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same and technicalities should not come in front of imparting substantial justice to parties by deciding their lis on merits. Further, in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward his/her/its case in a meaningful manner.     

4.                On subjectively and critically analyzing revisionist’s contentions in the light of above quoted legal principle;, this Commission is of opinion that there is no need to issue notice of this revision to respondent-Santosh (complainant) in order to avoid unnecessary delay in disposal off main complaint presently pending before learned District Consumer Commission, Yamuna Nagar. Of course, it will also save the parties to this lis from the burden of unnecessary expenses. This Commission is also of firm opinion that no prejudice would be caused to complainant (Santosh), in case revisionists are allowed to join proceedings of complaint case. Instead, learned District Consumer Commission would be able to effectively dispose off the complaint before it after subjectively and critically analyzing rival case and evidence put forward by all parties.

5.                In view of above, this revision petition is allowed. Impugned order dated 26.03.2024 passed by learned District Consumer Commission-Yamuna Nagar in Complaint Case No.33 of 2024 titled as Sanotsh Vs. Hindustan Petroleum Corporation Ltd. & others is hereby set aside. The other impugned order dated 30.05.2024 is also set aside, to the extent, it pertains to dismissing the application of Hindustan Petroleum Corporation Ltd. for recalling order dated 26.03.2024. Revisionist (Hindustan Petroleum Corporation Ltd..-OP No.1 in Complaint Case No. 33 of 2024) would now cause its appearance before learned District Consumer Commission-Yamuna Nagar on 13.08.2024-date already fixed in complaint before learned District Consumer Commission, either through its authorized representative or through counsel. Revisionist would tender its written defence on the same day (13.08.2024). Thereafter, it would also lead its evidence along with other opposite parties, who too have to lead their respective evidence. It would however, be subject to payment of cost of Rs.10,000/- to be deposited by revisionist- Hindustan Petroleum Corporation Ltd. in District Legal Services Authority-Yamuna Nagar and receipt in this regard would be produced in record of Complaint Case (C.C. No.33 of 2024) pending before learned District Consumer Commission-Yamuna Nagar. Payment of cost amount of Rs.10,000/- would be the condition precedent for tendering defence by revisionist.

6.                A copy of this order be provided to all parties, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.

7.                File be consigned to record room.

Pronounced on 07^th August, 2024

                                                                        S.C. Kaushik                  Naresh Katyal                                                                 Member                          Judicial Member

                                                         Addl. Bench                   Addl. Bench

D.K.