Haryana

StateCommission

RP/1/2021

MAKE MY TRIP INDIA PVT. LTD. - Complainant(s)

Versus

SHRI PARAMJIT SINGH BATRA AND OTHERS - Opp.Party(s)

HARSH VARDHAN

08 Feb 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    01 of 2021

Date of Institution:       01.02.2021

Date of Decision:         08.02.2021

 

 

 

MakeMyTrip (India) Pvt. Ltd., Building No.5, DLF Cyber City, DLF Phase III Gurgaon-122002 through its authorized representative.

2^nd Address: DLF Building No.5, Tower B, DLF Cyber City, DLF Phase-II, Sector 25, Gurugram, Haryana.

 

 

…….Petitioner-Opposite Party No.1

 

Versus

 

1.      Shri Paramjit Singh Batra son of Shri Arjun Singh Batra, resident of House No.78, Durand Road, Ambala Cantt.

 

 

2.      Shri Anil Kumar Gupta son of Shri Ram Chander Gupta, resident of House No.78, Durand Road, Ambala Cantt.

 

…….Respondents No.1 & 2-Complainants

 

3.      M/s Go Airlines (India) Limited, 1^st Floor, C-1, Wadia International Centre, Pandurang Budhkar Marg, Worli, Mumbai-400025.

 

…….Respondent No.3-Opposite Party No.2

 

 

 

 

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President.

                   Shri Harnam Singh Thakur, Judicial Member.

 

 

Present:     Shri Harsh Vardhan, counsel for the petitioner.

 

 

 

O R D E R

 

 

T.P.S. MANN, J. (ORAL)

 

          Opposite party No.1-MakeMyTrip (India) Pvt. Ltd. has filed the present revision petition for challenging the order dated 09.12.2020 passed by learned District Consumer Disputes Redressal Commission, Ambala, whereby it was ordered to be proceeded against ex parte in the complaint titled ‘Shri Paramjit Singh Batra & Anr. Versus M/s MakeMyTrip (India) Pvt. Ltd. & Anr.

2.      While passing the impugned order, learned District Consumer Commission observed that notice issued to opposite party No.1 had been received back with the report of ‘refusal’ and the refusal amounted to due service but despite the same, none had put in appearance on its behalf and, accordingly, it was proceeded against ex parte.

3.      Learned counsel for the petitioner has submitted that notice issued to the petitioner by the learned District Consumer Commission, was received in its office but on account of outbreak of COVID-19 pandemic in the entire world and the entire legal team of the petitioner was found to be infected by COVID-19, the office of the petitioner had been closed as a precautionary measure. For that reason, none could put in appearance on its behalf before the learned District Consumer Commission. It is also submitted that along with notice issued by the learned District Consumer Commission, only copy of the complaint was attached but no other supporting documents had been attached. It is further submitted that the complaint is now fixed for 18.02.2021 before the learned District Consumer Commission for recording evidence of the complainants. Accordingly, it has been prayed that the impugned order to the extent of ordering ex parte proceedings against the petitioner be set aside and the petitioner be granted another opportunity for putting in appearance before the learned District Consumer Commission and file the Power of Attorney.

4.      Having heard learned counsel for the petitioner and keeping in view the facts and circumstances of the case, the State Commission is of the view that ends of justice shall be suitably met if the revision is accepted, impugned order is set aside and the petitioner is granted another opportunity for putting in appearance before the learned District Consumer Commission and file the Power of Attorney.

5.      Resultantly, the revision is accepted, impugned order dated 09.12.2020 passed by learned District Consumer Commission to the extent of proceedings ex parte against the petitioner is set aside and the petitioner is granted another opportunity to appear before the learned District Consumer Commission and file the Power of Attorney.  The order is however subject to costs of Rs.7,500/- to be paid by the petitioner to the complainants on 18.02.2021 while putting in appearance before the learned District Consumer Commission and file the Power of attorney. It is however made clear that in the event of the petitioner putting in appearance before the learned District Consumer Commission on 18.02.2021, it shall be granted an adjournment of 10 days so that it may complete its paper book and prepare the written version, which shall thereafter be filed by the petitioner before the learned District Consumer Commission on the adjourned date.

6.      This revision petition is being disposed of without issuing notice to the complainants/respondents with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents 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^th, 2002. 

7.      Copy of this order be sent to the learned District Commission as well as to the parties.

 

                                                                                               

Announced 08.02.2021

(Harnam Singh Thakur) Judicial Member

(T.P.S. Mann) President

DR