Haryana

StateCommission

RP/37A/2022

HERO MOTOCORP LTD - Complainant(s)

Versus

SHISH PAL - Opp.Party(s)

12 Jul 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.37 A of 2022

 Date of Institution:01.07.2022

  Date  of  Decision:12.07.2022

 

Hero Motocorp. Ltd., office at the Grand Plaza, Plot No.2, Nelson Mandela Road, Vasant Kunj, Phase-II, New Delhi-110010.

 

…..Petitioner

Versus

 

Shish Pal son of Shri Shanti Sarup, aged 43 years, Resident of Akalgarh ka Majra, Khanri Kalan, Tehsil Jagadhri, District Yamuna Nagar (Haryana).

…..Respondent

 

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. S.C. Kaushik, Member

                   

Present:-    Mr. Raj Kumar Narang, Advocate for the petitioner.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

                    Revision Petition is preferred against the order dated  22.04.2022 in Consumer Complaint No.415 of 2019, passed by the learned District Consumer Disputes Redressal Commission, Yamuna Nagar at Jagadhri, vide which the present petitioner-opposite party No.2 (Hero  Motocorp Ltd.) was  proceeded ex-parte.

2.                The argument has been advanced by Sh. Raj Kumar Narang, learned counsel for the petitioner. With his kind assistance the revision petition had also been properly perused and examined.

3.                While unfolding the arguments it has been argued by Mr. Raj Kumar Narang, the learned counsel for the petitioner that the present petitioner was under the impression that the appointed counsel must have put appearance on their behalf before the learned District Commission and filed the evidence on 22.04.2022, the date already being provided to the local counsel, but the junior of local counsel noted the wrong date in his diary. Thereafter, on 08.05.2022, the petitioner came to know about the ex-parte proceedings initiated against it by learned District Commission. It was further argued that non appearance before the learned District Commission was neither intentional nor willful and further prayed that order dated 22.04.2022 may be set aside and present revision petitioner may be allowed.

4.                In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated against opposite party No.2, but, 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 revisionist-opposite party No.2 is afforded an opportunity to defend itself before the learned District Commission. So, in these circumstances, order dated 22.04.2022, passed by learned District Commission, Yamuna Nagar at Jagadhri vide which ex-parte proceedings initiated against  opposite party No.2-petitioner is set aside and the present revision petition is allowed subject to payment of Rs.2,000/- as of costs to be paid to the respondent-complainant. Let, the petitioner be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.                The petitioner is directed to appear before the learned District Commission, Yamuna Nagar at Jagadhri on 16.08.2022 for further proceedings.

6.                This revision petition has been disposed of without issuing notice to the respondents 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.

7.                Copy of this order be sent to the District Commission, Yamuna Nagar at Jagadhri.

 

 

12^th  July, 2022        S.C. Kaushik                                                S. P. Sood                                                    Member                                                         Judicial Member                                         Addl. Bench                                                 Addl. Bench

 

R.K.