Rajasthan

StateCommission

A/74/2022

Radha Swami Automobile - Complainant(s)

Versus

Smt.Akta Chejara - Opp.Party(s)

Devendra Mohan Mathur

02 Sep 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

FIRST APPEAL NO: 74/2022

 

Radhaswami Automobiles, Jalpali Mod, Ringas Road, Shrimadhopur Distt. Sikar through Manager & ors.

Vs.

Smt. Ekta Chejara w/o Sh. Gulab Chand Kumawat r/o Maya Vihar Colony, Ward No. 22, Shrimadhopur, Distt. Sikar.

 

Date of Order 2.9.2022

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Acting President

Hon'ble Mr. Sanjay Tak - Member

Present:

Mr.D.M.Mathur learned counsel for the appellants

Mr. R.D.Saini learned counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, ACTING PRESIDENT )

 

2

 

This appeal has been filed by the appellants/opponents against the order of learned District Consumer Commission, Sikar dated 10.1.2022 passed in Complaint Case No 119/2021 whereby the complaint of the respondent/complainant was allowed ex-parte against the appellants/opponents.

 

The learned counsel for the appellants, while reiterating the facts of appeal memo as argument prayed for remanding back the case to the learned DCC Sikar with the direction to afford an opportunity to file reply and evidence of the complaint filed by the respondent/complainant.

 

The learned counsel for the respondent/complainant though opposes the request made by the learned counsel for the appellants/opponents but keeping in mind the principles of natural justice we deem it proper that the case be decided on merits on the basis of pleadings and evidence of the rival parties. To compensate the respondent/complainant we deem it proper to award costs of Rs. 5000/- payable by the appellants/opponents to complainant.

 

Accordingly, the appeal is allowed and the impugned

3

 

judgment dated 10.1.2022 of learned DCC Sikar is set aside and the case is remanded back to the learned DCC Sikar with the direction that if appellants/opponents pay Rs. 5000/- as costs to the respondent/complainant, the complaint matter may be restored and one opportunity be afforded to the appellants/opponents to file their reply to the complaint of respondent/complainant and evidence accordingly. It is made clear that if the respondent/complainant desires to file rebuttal of the pleadings/evidence of the appellants/opponents, for this purpose the learned DCC shall afford reasonable opportunity to the complainant too.

 

The appeal stands disposed of as above. No costs.

 

(Sanjay Tak ) (A.K.Chatterjee)

Member Acting President

 

nm