Haryana

StateCommission

RP/17/2022

GURU NANAK DEV UNIVERSITY AND ANOTHER - Complainant(s)

Versus

SUMAN - Opp.Party(s)

ISHA GOYAL

25 Apr 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.17  of 2022

 Date of Institution:08.04.2022

  Date  of  Decision:25.04.2022

 

1. Guru Nanak Dev University, Amritsar, Punjab through its Registrar.
2. Director, Sports, Guru Nanak Dev University, Amritsar, Punjab.

…..Petitioners

Versus

 

Suman (Judo Player) Aged about 24 years
D/o Shri Vijender Singh, r/o H.No.922, Sector-27, Panchkula (Haryana).

…..Respondent

 

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. Suresh Chander Kaushik, Member

                   

Present:-    Ms.Isha Goyal, Advocate for the petitioners.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

          Revision Petition is preferred against the order dated  11.02.2022 in Consumer Complaint No.516 of 2021 passed by the learned District Consumer Disputes Redressal Commission, Panchkula vide which Opposite Party Nos.1 to 4 were proceeded ex parte.

2.      The argument has been advanced by Ms.Isha Goyal, Advocate for the petitioner. With her kind assistance the original file including whatever the evidence has been led on behalf of  revisionist had also been properly perused and examined.

3.      While unfolding the arguments it has been argued by Ms.Isha Goyal, Advocate for the revisionist that some miscommunication between the counsel as well as the petitioners, the date for appearance in the matter before the District Forum was noted as 11.03.2022.  On the said date, when the counsel for the petitioner visited the District Forum, she was informed that the matter was not listed on the said day and the next date of hearing was 21.03.2022.  On 11.03.2022 the counsel for the petitioner tried to check the lst order on the official website, but, she could not assess impugned order.  It was only on 21.03.2022, the counsel for the petitioners came to know about impugned order where petitioners had been proceeded against ex parte. The absence of the petitioner and its counsel on 11.02.2022 was neither willful, nor intentional, but due to the facts and circumstances as explained above.  Learned counsel for the revisionist prayed that ex parte proceeding dated 11.02.2022 may be set setting aside.

4.        In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceeding was initiated against opposite party Nos.1 and 2, but, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the revisionist-O.P. Nos.1 and 2  are afforded an opportunity to defend itself  before the learned District Commission, so in these circumstances, ex parte  proceedings dated 11.02.2022 initiated against  O.P. Nos.1 and 2-petitioners are set aside.  Revision Petition is allowed qua petitioners.  Let the petitioners be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.      The parties are directed to appear before the learned District Commission, Panchkula on  18.05.2022 for further proceedings.

6.      This revision petition has been disposed of without issuing notice to the respondents with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. In this regard, reliance can be placed on a Division Bench judgement 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.

7.      Copy of this order be sent to the District Commission, Panchkula.

 

25th  April, 2022      Suresh Chander Kaushik                        S. P. Sood                                                    Member                                                         Judicial Member                            

 

S.K

(Pvt. Secy.)