STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                                                     Date of Instituion:14.11.2023

          Date of final hearing: 24.11.2023

                                                Date of pronouncement: 24.11.2023

Revision Petition No.85 of 2023

IN THE MATTER OF

HDFC Bank Ltd., a Banking Company duly constituted and registered under the Companies Act, 1956 carrying on business in India as Scheduled Bank having one of its branch at Tosham, District Bhiwani (Haryana) through its duly authorized power of attorney holder namely Raman Sharma, Manager, (Argi. Legal), HDFC Bank Ltd., Regional Office, Mohali District Mohali (Punjab).

                                                                                      .….Petitioner.

Through counsel Mr. Saurabh Bhardwaj, Advocate

Versus

1.      Sombir S/o Subhash Chander R/o Village Kharkhari Sohan, Tehsil Tosham, District Bhiwani (Haryana).

2.    Agriculture Insurance Company of India Ltd., having registered office at Cabin No.7, 3^rd Floor, Agro Mall, Sector-20, Panchkula (Haryana)-134117 through its Branch Manager.

3.    Deputy Director, Agriculture and Farmer Welfare Office, Bhiwani, District Bhiwani (Haryana).

….Respondents.

CORAM:   S.P. Sood, Judicial Member.

Present:-    Mr. Deepam Raghav, Advocate for Mr. Saurabh Bhardwaj counsel for the petitioner.

O R D E R

PER: S.P. SOOD, JUDICIAL MEMBER:

                   Present Revision Petition is preferred against the order dated 13.09.2023 in Consumer Complaint No.216 of 2023, passed by the learned District Consumer Disputes Redressal Commission, Bhiwani, vide which the present petitioner-opposite party No.2 (‘OP’) was proceeded against ex-parte.

3.                The arguments have been advanced by Mr. Deepam Raghav, learned counsel for the petitioner. With his kind assistance the entire revision petition had also been properly perused and examined.

4.                While unfolding the arguments Mr. Deepam Raghav, learned counsel for the petitioner emphasized that on 12.09.2023 notice of the complaint was served in branch and the dealing hand kept the summons on his table which were mixed with some other documents that is why he could not inform the concern manager regarding appearance on 13.09.2023.  He further stated that as soon as it has come to the knowledge of the concern authority, an application for setting aside the ex-parte order was filed before the learned district commission, Bhiwani but the same was dismissed vide order dated 27.09.2023 on the ground that the district commission has no power to review its orders. It is further argued that the present petitioner-opposite party No.2 though its authorized officer directed to their counsel for appearance before the learned district commission. But it has come to the knowledge of the present petitioner-opposite party No.2 that he was already proceeded against ex-parte vide order dated 13.09.2023 by learned district commission. He further argued that non appearance of present petitioner before the learned District Commission was neither intentional nor willful and further prayed that order dated 13.09.2023, passed by learned District Commission may be set aside and present revision petition may be allowed.

5.               In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated before learned District Commission against the OP No.2-present petitioner, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the present petitioner-OP No.2 is afforded an opportunity to defend themselves before the learned District Commission. So, in these circumstances, orders dated 13.09.2023 passed by learned District Commission, Bhiwani, vide which ex-parte proceedings initiated against OP No.2- present petitioner is set-aside and the present revision petition is allowed without any order of costs. Let, the petitioner-OP No.2 be afforded an opportunity to appear before learned District Commission and to file its reply as well as to lead its evidence etc. thereafter, the complaint be decided on merits.

6.                The petitioner is directed to appear before the learned District Commission, Bhiwani on 14.12.2023 for further proceedings.

7.                This revision petition has been disposed of without issuing notice to the respondent with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. In this regard, reliance can be placed on a Division Bench judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

8.                Application(s), if any, is disposed off in terms of the aforesaid order.

9.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

10.              File be consigned to record room alongwith a copy of this order.

Pronounced on 24^th November, 2023 

                                                                                                            S.P. Sood                                                                                                                               Judicial Member

J.Y.                                                                                                         Addl. Bench