Madhya Pradesh

StateCommission

FA/13/1702

MARUTI SAZUKI INDIA LTD. - Complainant(s)

Versus

SMT PREETI - Opp.Party(s)

SH. UDAY PALNITKAR

04 Sep 2019

ORDER

4.9.2019                     Shri V. K. Saxena, learned counsel for the appellant – Shan Car Pvt. Ltd. / opposite party no.3.

                                    None for the respondent no.1 – Smt. Preeti Patel / complainant.

                                    Shri Shashank Pandey, learned counsel for the respondent no.2 – Shubh Motors Pvt. Ltd. / opposite party no.1.

                                    Shri Uday Palnitkar, learned counsel for the respondent no.3 – Maruti Suzuki India Ltd. / opposite party no.2.

 

 

 

• 3 -

 

                                    This appeal is directed against the order dated 28.6.2013 passed by the District Consumer Disputes Redressal Forum, Jabalpur (for short the “Forum”) in CC No.456/2011.

                        2.         The facts are taken from Appeal No.1956/2013.  This order shall govern disposal of FA No.1279/2013 and FA No.1702/2013 as all the three appeals arise of common order.

                        3.         At the out-set learned counsel for the appellant of Appeal No.1956/2013 has pointed out that the Forum has committed gross error in proceeding ex-parte against the appellant, who was opposite party no.3 before the Forum.  He submits that it would be clear from the record that notice was issued to the opposite party no.3 whereas it ought to have been issued through Secretary or the Managing Director of the opposite party no.3 – Company in view of provision contained in Order 29 Rule 2, C.P.C.  He submits that the said notice was never served on the appellant – opposite party no.3.

 

• 4 -

 

                        4.         We have gone through the record and we have noticed that the Forum has proceeded ex-parte against the opposite party no.3 without ensuring the fact as to whether the service of notice of opposite party no.3 is complete or not.  In the circumstances, the impugned order having been passed is in violation of the principles of natural justice and without service of notice on the opposite party no.3, the same cannot be sustained.

                        5.         In the result, we set-aside the impugned order and remand the complaint to the Forum for deciding it afresh on merits in accordance with law.  The reply be filed by the appellant – opposite party no.3 within 30 days from today. 

                        6.         The parties are directed to appear before the Forum on 4.11.2019.  The Forum shall thereafter proceed with the matter in accordance with law.  If the complainant remains absent of that date the notice be issued by the Forum to the complainant.

                        7.         This order be retained in FA No.1956/2013 and a copy of the same be placed in the record of FA No.1279/2013 and FA No.1702/2013.

 

 

                      (Justice Shantanu S. Kemkar) (Dr.Monika Malik) (P.K. Parashar)       

           ^{PRESIDENT                                         MEMBER                    MEMBER}