Chandigarh

StateCommission

RP/25/2016

M/s Crompton Greaves Consumer Electricals Limited - Complainant(s)

Versus

Sonu Nishad - Opp.Party(s)

Vikrant Guleria,Adv.

17 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Revision Petition No.	:	25 of 2016
Date of Institution	:	12.08.2016
Date of Decision	:	17.08.2016

 

 

M/s Crompton Greaves Consumer Electricals Limited, Jalandhar Branch, near BSF Chowk, Ladowali road, Jalandhar, Punjab through its Authorized Signatory Sh. Pankaj Kumar.

……Petitioner/Opposite Party No.3.

Versus

Sonu Nishad son of Sh. Brij Lal resident of House No.1184, Mouli Jagran Complex,Chandigarh – 160102.

…. Respondent/complainant.

 

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

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Vikrant Guleria, Advocate for the Revision Petitioner.

 

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

 

 

(ORAL)

 

            As per office report, record of the District Forum has been received.

2.         This revision petition has been filed by the revision petitioner/Opposite Party No.3, against the order dated 18.02.2016 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh, vide which, Opposite Party  No.3 was proceeded against exparte.

3.         Alongwith the revision petition, an application for condonation of delay of 148 days as per the applicant/Revision Petitioner (as per the office report 86 days), in filing the revision petition, has been filed.

4.         Let notice of the application, aforesaid, as also the revision petition be issued to the respondent/complainant.

5.         Sh. Sandeep Bhardwaj, Advocate is present in Court in some other case. He accepts notice of the application, aforesaid, as also the revision petition on behalf of the respondent/complainant. Copies of the same have been supplied to him. Counsel for the respondent/complainant states that he has no objection if the delay in filing the revision petition is condoned.

6.         In view of above, the delay aforesaid stands condoned.

7.         The application is disposed of accordingly.

8.         It is on record that during the pendency of the proceedings, the representative of the Revision Petitioner/Opposite Party No.3 did appear before the Forum on 10.06.2016 and thereafter, Counsel appeared on 01.08.2016. The above facts shows that the Revision Petitioner wishes to contest the complaint and it appears that non appearance was unintentional.  It is prayed that order dated 18.02.2016 be set aside and opportunity be given to the Revision Petitioner to contest the complaint, on merits.

9.         To the prayer made, Sh. Sandeep Bhardwaj, Advocate, Counsel for the respondent/complainant very graciously has raised no objection.

10.        In view of above, this Revision Petition is allowed. The order, under challenge, is set aside.

11.        Parties are directed to appear before the Forum on 18.08.2016.

12.        It is undertaken by Counsel for the Revision Petitioner that reply and evidence will be filed before the Forum positively within 10 days after 18.08.2016. It is made clear that if he fails to do so, no further opportunity shall be granted to the Revision Petitioner for the said cause and the order dated 18.02.2016 shall be deemed to have been affirmed.

13.        Order passed is subject to payment of Rs.5,000/- as cost. Let amount of cost be paid by the Counsel for the Revision Petitioner/Opposite Party No.3 to the respondent/complainant within 10 days against receipt before the Forum.

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

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

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

Pronounced.

17th August, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/Rb