Haryana

StateCommission

RP/7/2023

SARVA HARYANA GRAMIN BANK - Complainant(s)

Versus

SATBIR AND OTHERS - Opp.Party(s)

KULDEEP SHEORAN

23 Jan 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Instituion:16.01.2023

                Date of final hearing:23.01.2023

                                                Date of pronouncement:23.01.2023

 

Revision Petition No.07 of 2023

 

IN THE MATTER OF

 

Sarva Haryana Gramin Bank, sponsored by Punjab National Bank, Branch Office Kharkri Jhanwai, Teshil Tosham, District Bhiwani through its Branch Manager Narender Yadav.

                                                                                      .….Petitioner

Through counsel Mr. Kuldeep Sheoran, Advocate

 

Versus

 

1.    Satbir S/o Sh. Partap Singh, Village Birola Chappar, Tehsil Tosham, District Bhiwani, Haryana.

2.    The Deputy Commissioner-cum-Chairman, DRGC (PMFBY) Bhiwani.

3.    Deputy Director, Agricultural Department, Mini Secretariat, Bhiwani.

4.    Agriculture Insurance Company, Block-I, 5^th Floor, Plate-B & C, East Kidwai Nagar, Ring Road, New Delhi-110023 through its Branch Manager.

….Respondents.

 

CORAM:   S.P.Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. Kuldeep Sheoran, counsel for the petitioner.

 

O R D E R

S. P. SOOD, JUDICIAL MEMBER:

           

                    Delay of 51 days in filing of the present appeal is hereby condoned for the reasons stated in the application for condonation of delay.

2.                Present Revision Petition is preferred against the order dated 29.08.2022 in Consumer Complaint No.37 of 2022, whereby the present petitioner-opposite party No.3 (‘OP No.3’) was proceeded against ex-parte by learned District Consumer Disputes Redressal Commission, Bhiwani (‘Learned District Commission’).

3.                The arguments have been advanced by Mr. Kuldeep Sheoran, learned counsel for the petitioner and with his kind assistance contents of the revision petition has also been properly perused and examined.

4.                While unfolding the arguments it has been argued by learned counsel for the petitioner that the present petitioner will suffer an irreparable loss and injury in case the impugned order dated 29.08.2022 is not set-aside. He further argued that the abovementioned consumer complaint was instituted before learned District Commission on 21.01.2022 and notice of the same was issued to the present petitioner-OP No.3 for appearance on 29.08.2022. It is further argued that on 25.08.2022, the Branch Manager of present petitioner was admitted in hospital and discharged on 29.08.2022, so he could not appeared before learned District Commission and was proceeded against ex-parte. He further argued that non appearance of present petitioner before learned District Commission was neither intentional nor willful, but was purely for the reasons mentioned above and the order dated 29.08.2022 be set-aside and present revision petition may please be allowed.

5.                In view of the above submissions and careful perusal of the entire record, it is true that the present petitioner-OP No.3 was proceeded against ex-parte by learned District Commission vide order dated 29.08.2022 as it failed to appear, but, as we all know that it is better if rights of parties interest be decided on merits instead of technicalities and it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the present petitioner-OP No.3 is afforded an opportunity to defend itself before the learned District Commission. So, in these circumstances, order dated 29.08.2022, passed by learned District Commission, Bhiwani, vide which present petitioner-OP No.3 was proceeded against ex-parte is hereby set-aside and the present revision petition stands allowed. Let, the petitioner be afforded an opportunity to file its reply and to lead its evidence etc. thereafter, the complaint be decided on merits.

6.                The petitioner is directed to appear before the learned District Commission, Bhiwani on 27.01.2023 for further proceedings.

7.                This revision petition has been disposed of without issuing notice to the respondent with a view to imparting 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. In this regard, reliance can be placed on a Division Bench judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

8.                Copy of this order be sent to the learned District Commission, Bhiwani.

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

10.              Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

11.              File be consigned to record room alongwith a copy of this order.

 

Pronounced on 23^rd January, 2023                                                                                                                                                                                          S.P.Sood

                                                                                                            Judicial Member                                                                                                                 Addl. Bench            

 

         

                                                                                                            S.C. Kaushik                                                                                                                        Member                                                                                                                                 Addl. Bench

                       

 

R.K.