Haryana

StateCommission

RP/22/2020

VISHAL MEGA MART - Complainant(s)

Versus

SONIA PANNU - Opp.Party(s)

KAMAL DAHIYA

03 Mar 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.22 of 2020

 Date of Institution:17.02.2020

  Date of Decision:03.03.2020

 

Vishal Mega Mart, SCO-104, & 105, Sector-05, Panchkula.

…..Revisionist.

Versus

Sonia Pannu W/o Ashish Pannu, R/o House No.308, GH-104B, Sector-20, Panchkula.

                                                                             …..Respondent.

CORAM:-       Shri Harnam Singh Thakur, Judicial Member.

                   Smt. Manjula, Member.

                  

Present:-   Shri Kamaljeet Dahiya, counsel for the revisionist.

                                                           ORDER

HARNAM SINGH THAKUR, JUDICIAL MEMBER:

                    Present revision petition has been filed by the revisionist against the impugned order dated 09.12.2019 passed by learned District Consumer Disputes Redressal Forum, Panchkula (in short ‘learned District Forum’), vide which the present revisionist, who was the sole opposite party before learned District Forum, was proceeded against ex-parte on the first date of hearing.

3.                Feeling aggrieved therefrom, revisionist-opposite party has preferred the present revision petition.

4.               The arguments have been advanced by Shri Kamaljeet Dahiya, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition has been properly perused and examined.

5.                Learned counsel for the revisionist vehemently argued that complainant/respondent has filed a complaint bearing No.578 of 2019 before learned District Forum, Panchkula and notice was issued on 30.10.2019, but the same has not been received back either served or unserved and learned District Forum proceeded ex-parte proceedings against the present revisionist/opposite party by applying the principal of deemed service. It is further argued that is a settled principle of law that deemed service is applicable only when it is established beyond reasonable doubt that service of notice is complete and in the instant case, there was clear observation by the learned District Forum that notice of service was not received back either served or unserved, which is against the settled principles of law and equity. It is further argued that non appearance of revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated 09.12.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing its written statement, leading evidence and advancing final arguments on merits.

6.                From the perusal of record, it is clear that present revisionist was the sole opposite party before learned District Forum and was proceeded against ex-parte vide order dated 09.12.2019 on the very first date by observing that “Notice has not been received back either served or unserved”. It shows that there was no direct service of notice upon the revisionist/opposite party. Moreover, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 09.12.2019 passed by learned District Forum, Panchkula is set-aside for all intents and purposes and the present revision petition stands allowed subject to depositing of Rs.5,000/- as of costs to be paid by the present revisionist to the complainant before learned District Forum, Panchkula. The matter is remitted back to the District Forum, Panchkula to decide the complaint on merits after affording an opportunity to present revisionist to file its written statement and to lead its respective evidence. The revision petition be consigned to the record room.

7.                Revisionist is directed to appear before the District Forum, Panchkula on 16.03.2020 for further proceedings.

 

 

March 03^rd, 2020                    Manjula                                  Harnam Singh Thakur                                             Member                                  Judicial Member                                                       Addl. Bench                           Addl. Bench

R.K.