Haryana

StateCommission

RP/132/2018

PNB - Complainant(s)

Versus

SHYAM SUNDER AND OTHERS - Opp.Party(s)

GEETS SHARMA

26 Oct 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   132 of 2018

Date of Institution:       16.10.2018

Date of Decision:         26.10.2018

 

 

Punjab National Bank, Branch Shahabad Markanda, District Kurukshetra, through its Branch Manager.

 

….Petitioner-Opposite Party No.3

 

Versus

 

1. Shyam Sunder son of Shri Nand Lal, resident of House No.39/6, Mohalla Khatarwara, Shahabad Markanda, Tehsil Shahabad Markanda, District Kurukshetra.

….Respondent No.1-Complainant

 

2.      The Oriental Insurance Company Limited, 2^nd Floor, Jeeven Jyoti Building Jagadhari Road, Ambala Cantt.

 

3.      The Oriental Insurance Company Limited, Registered Office, Oriental House, P.B. No.7037, A-25/27, Asaf Road, New Delhi-11002, through its Manager.

 

4.      The Oriental Insurance Company Limited, Sabarwal Market, Railway Road, Kurukshetra, Tehsil Thanesar, District Kurukshetra, through its Manager.

 

….Respondents No.2 to 4-Opposite Parties No.1, 2 and 4

 

 

 

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

                   Mrs. Manjula, Member.                   

 

 

Present:     Mrs. Geeta Sharma, counsel for the petitioner.      

 

                            

O R D E R

 

 

 

NAWAB SINGH, J. (ORAL)

 

          Punjab National Bank, Branch Shahabad Markanda, Kurukshetra-opposite party No.3 (Bank) is in revision against the order dated June 07^th, 2018 passed by District Consumer Disputes Redressal Forum, Ambala (District Forum), whereby the Bank was proceeded ex parte on the ground of presumption of service.

2.      Learned counsel for the Bank has urged that the impugned order be set aside; opportunity be granted to the Bank to file written version and contest the complaint. The next date of hearing before the District Forum is October 30^th, 2018.

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

“Notice issued to Op No.3 through registered post on 27.4.2018 as per postal receipt not received back in any manner. More than one month period has been expired when notice was issued to OP No.3 as such the same is presumed to be served. Case called several times since morning. No one is present on behalf of OP No.3 despite notice duly served. It is already 4:00 pm. No further wait is justified. Hence, OP No.3 is hereby proceeded against the exparte.

Counsel for Ops No.1, 2 and 4 appeared by filing memo of appearance and request for adjournment. Case is adjourned to 9.7.2018 for filing written statement.”

 

4.      A reading of the aforesaid order shows that the District Forum proceeded ex parte against the Bank, as notice of the complaint not received back served or unserved and more than one month had passed. Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the Bank. 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 Bank to file written version and contest the complaint.   

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

6.      This revision petition is disposed of without issuing notice to the respondents with a view to impart 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.  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 Bank is directed to appear before the District Forum, on October 30^th, 2018, the date already fixed.

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

 

Announced 26.10.2018

(Manjula)  Member

(Nawab Singh) President

  D.R.