Heard learned counsel for the revisionist on delay condonation application.

This is delay condonation application filed by the revisionist to condone the delay in filing the revision petition.  The delay in filing the revision petition has been explained by the revisionist in the accompanying affidavit to the delay condonation application.

We are satisfied with the explanation given by the revisionist for delay in filing the revision petition.  Therefore, the delay condonation application is allowed and the delay in filing the revision petition is condoned.

Heard learned counsel for the revisionist on admission.

Admit the revision petition.

This revision petition under Section 17(1)(b) of the Consumer Protection Act, 1986 has been preferred against the order dated 28.09.2018 passed by the District Forum, Dehradun in consumer complaint No. 103 of 2018; Smt. Veena Kalra Vs. M/s Nissan Motor India Pvt. Ltd. and others, whereby the District Forum has closed the opportunity of the revisionist of filing the written statement.

It is worth to depict that as far as possible, the matters be heard and decided on merits.  The Hon’ble Apex Court in the case of Ram Ji Dass Vs. Mohan Singh; 1978 ARC 496, postulated the law as under:

“Court’s discretion should be exercised in favour of hearing and not to shut out hearing.”

In view of the above dictum of law pronounced by the Hon’ble Apex Court, the principle of justice warrants that the revisionist needs to be granted one opportunity of filing the written statement.  It would not be out of place to mention here that there should be no grievance from the side of opposite party No. 1 – complainant, if the consumer complaint is decided by the District Forum on merit after taking into consideration the defence so set up by the revisionist in the written statement.

Accordingly, the revision petition is disposed of, at the stage of admission itself and the order impugned dated 28.09.2018 passed by the District Forum, Dehradun, thereby closing the opportunity of the revisionist of filing the written statement, is hereby set aside. The District Forum is directed to grant one opportunity to the revisionist of filing the written statement to the consumer complaint.  There shall be no order as to costs.