Haryana

StateCommission

RP/27/2019

BLUE DART EXPRESS LTD. - Complainant(s)

Versus

SURAJ PARKASH - Opp.Party(s)

INDERJIT SINGH

10 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.27 of 2019

 Date of Institution:02.04.2019

  Date of Decision:10.04.2019

 

Blue Dart Express Ltd. Mohra, Ambala Cantt., Haryana through its Authorized Signatory Mr. Neeraj Kumar, Sr. Executive (Finance) posted at SCO No.270, Sector-14, Panchkula-134107.

 

…..Revisionist.

Versus

 

1. Suraj Parkah S/o Lakhi Singh, R/o House No.10, Shiv Pratap Nagar, Ambala Cantt., Haryana.

 

2.      Kotak Mahindra Bank, Nicholson Road, Ambala Cantt., through its Sr. Manager.

 

3.      Kotak Mahindra Bank, Registered office, 27 BKC, C-27, G Block, Bandra Kurla Complex, Bandra (E) Mumbai-400051, through its Managing Director.

…Respondents

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                   Mrs. Manjula, Member.

                  

Present:-    Mr.Inderjit Singh, Advocate for the revisionist.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

           

1.                Delay in filing the present revision petition is condoned for the reasons stated in the application.

2.                Present revision petition has been filed by the revisionist against the impugned order dated 21.11.2018 passed by learned District Consumer Disputes Redressal Forum, Ambala (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party No.3 before learned District Forum, was proceeded against ex-parte.

3.                Feeling aggrieved therefrom, revisionist-opposite party No.3 has preferred the present revision petition.

4.               The argument have been advanced by Sh. Inderjit Singh, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition had been properly perused and examined.

5.                Learned counsel for the revisionist vehemently argued that the revisionist-opposite party No.3 is the branch office of Company and after receiving the notice by the branch office, the same were sent to legal team of revisionist at New Delhi who are looking after all the matters. Thereafter, inadvertently the summons were put up in some other file and therefore, the revisionist could not appeared on 21.11.2018 before learned District Forum. It has further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated 21.11.2018 may be set-aside and  an opportunity may be given to the present revisionist for filing written statement, lead its evidence and advancing final arguments on merits.

6.                From the perusal of record, it is clear that the present revisionist- opposite party No.3 was proceeded against ex-parte by the learned District Forum, Ambala vide order dated 21.11.2018. However, 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 21.11.2018 passed by learned District Forum, Ambala is set-aside for all intents and purposes, present revision petition stands allowed subject to depositing of Rs.10,000/- as of costs before learned District Forum, Ambala. The matter is remitted back to the District Forum, Ambala 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.                Parties are directed to appear before the District Forum, Ambala on 02.05.2019 for further proceedings. 

 

 

 

April   10^th, 2019                    Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl. Bench              

           

R.K.