Chandigarh

StateCommission

RP/42/2015

Carrier Air Conditioning & Refrigeration Ltd. - Complainant(s)

Versus

Sohan Lal - Opp.Party(s)

Amit Arora, Adv.

28 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Revision Petition No.	:	42 of 2015
Date of Institution	:	21.10.2015
Date of Decision	:	28.10.2015

 

 

Carrier Air Conditioning &Refrigeration Ltd., A Company incorporated under the Companies Act, 1956, having its registered office at Kherki Daula Post, Narsingpur, Gurgaon (Haryana) – 122001 (through its Authorized Signatory Mr. Sushil Kumar Sharma).

……Revision Petitioner.

Versus

Sohan Lal S/o LateSh. Surja Ram R/o H.No.135, Sector 14 (M.C. Dhanas), U.T., Chandigarh.

….Respondent.

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Amit Arora, Advocate for the Revision Petitioner.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

      This Revision Petition has been filed against an order dated 01.09.2015 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short Forum) ordering exparte proceedings against the Petitioner/Opposite Parties.

2.         It be registered.

3.         Admitted. Notice of Motion.

4.         Sh. Sohan Lal, respondent has put in appearance in person and accepts notice of Revision Petition. He has been supplied the copy of Revision Petition alongwith documents annexed therewith.

5.         Heard.

6.         Lower Court file is available before us. It shows that, for the first time, the Petitioner/Opposite Parties No.1 & 2 has put in appearance on 06.08.2015 and time was sought to file reply and evidence.  However, none appeared on behalf of the Petitioner on 01.09.2015. Having no option, the Forum ordered exparte proceedings against the Petitioner/Opposite Parties No.1 & 2 and the case was adjourned to 24.09.2015. After passing of that order, on that very date i.e. 24.09.2015, Sh. Amit Arora, Advocate puts in appearance on behalf of the Petitioner and submitted his Power of Attorney. Record reveals that thereafter Sh. Amit Arora, Advocate again appeared on behalf of the Petitioner on 24.09.2015. Counsel for the Petitioner states that in the face of order dated 01.09.2015, he was not allowed to file written statement and also produce evidence on record.

7.         In this case, non-appearance does not look like deliberate. On the date when impugned order was passed, appearance was put through a Counsel. It is stated that Counsel was late on account of some personal difficulty. Sh. Sohan Lal, respondent, who is present in person, states that his case was substantially delayed by the petitioner. He insisted that his case be decided expeditiously. The matter is fixed before the Forum today itself.

8.         In view of above, the Revision Petition is allowed. The order under challenged is set aside. The matter is remitted to the Forum for adjudication.

9.         Permission is granted to the Petitioner/Opposite Parties No.1 & 2 to file written statement within 10 days from today. The order passed is subject to payment of cost of Rs.3,000/- to be paid to the complainant (respondent in this case) on the next date.

10.        Parties are directed to appear before the Forum on 10.11.2015.

11.        In view of order passed by us, the complaint pending before the Forum is also adjourned to 10.11.2015. It is expected that the Forum will decide this case expeditiously.

12.        Certified copies of this order be sent to the parties, free of charge.

13.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

14.        File be consigned to the Record Room after completion.

Pronounced

October 28, 2015.

                       

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

Sd/-

(DEV RAJ)

MEMBER 

 

 

Sd/-

(PADMA PANDEY)

      MEMBER

 Ad