.….Revisionists/OP No. 1 & 2
Versus
- Suresh Dutt S/o Sh. P.N. Sharma R/o Daizy Bank, Flat B, Lower Zakhu, Shimla (Himachal Pradesh).
….Respondent/complainant
- Honda Cars India Limited, Plot No. A-1, Sector 40-41, Surajkund, Kasana Road, Greater Noida Industrial Development Area, District Gautam Budh Nagar (U.P.), through its CEO or Branch Head of Honda India.
….Respondent/OP No. 3.
CORAM: Sh. Naresh Katyal, Judicial Member.
Sh. S.C. Kaushik, Member.
Present:- Mr. Rajesh Verma, counsel for revisionists.
O R D E R
PER: NARESH KATYAL, JUDICIAL MEMBER:
Challenge to order dated 29.07.2024 passed by learned District Consumer Disputes Redressal Commission-Panchkula has been invited in this revision petition vide which evidence of OPs No.1 and 2/revisionists has been closed by said order. Keeping in view, the fact that complaint is still pending adjudication before learned District Consumer Commission, this Commission does not see any necessity to issue notice in this revision petition to complainant as it will unnecessarily delay culmination of proceedings of main complaint case and would unnecessarily put the complainant in financial exigencies. Learned counsel for revisionists has contended that counsel for revisionists/OPs No. 1 & 2 remained under bonafide impression and belief that they would lead evidence on adjourned date i.e. on 29.07.2024, but because of non-appearance of counsel, which was neither intentional nor accentuated by any mala fide; the evidence could not be led by revisionists/OPs No. 1 and 2. It is further urged that just one more opportunity be granted to revisionists to lead and finally conclude their evidence before learned District Consumer Commission in support of their case so set up in defence.
2. On analyzing above submissions; this Commission is of firm opinion that no prejudice would be caused to complainant (Suresh Dutt) in case revisionists are allowed to lead their evidence in complaint case. While observing so, this Commission is conscious of well settled legal adage that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same. Further, in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward and prove his/her/its case in a meaningful manner.
3. While exercising more rational pragmatic approach to the controversy and this Commission views that granting of one more should opportunity to revisionists/OP No. 1 & 2 to lead and conclude their evidence subject to imposing cost against them would meet the ends of justice. In view of above, this revision petition is allowed and impugned orders dated 29.07.2024 (Annexure-R/1) passed by learned District Consumer Commission, Panchkula in Complaint Case No.685 of 2019 titled as Suresh Dutt Vs. Harmony Honda under Joshi Auto Links Pvt. Ltd. & others is hereby set aside. Revisionists (OPs No.1 & 2 in Complaint Case No. 685 of 2019) would now appear before learned District Consumer Commission on 20.11.2024, either through its authorized representative or through counsel and would lead & conclude their entire evidence (oral as well as documentary) at their own risk, cost and responsibility. It would however, be subject to payment of cost of Rs.5,000/- to be deposited by revisionists- Harmony Honda under Joshi Auto Links Pvt. Ltd. & another in District Legal Services Authority-Panchkula and receipt in this regard would be produced in record of Complaint Case (C.C. No.685 of 2019) pending before learned District Consumer Commission-Panchkula. Learned District Consumer Commission would thereafter proceed ahead with its endeavor to dispose of the complaint as per law.
4. A copy of this order be provided to all parties, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.
5. File be consigned to record room.
Pronounced on: 22nd October, 2024
S.C. Kaushik Naresh Katyal
Member Judicial Member
Addl. Bench Addl. Bench
D.K.
