Haryana

StateCommission

RP/5/2019

LUXMI COLD STORAGE - Complainant(s)

Versus

SURESH KUMAR - Opp.Party(s)

BHAVDEEP SINGH MAMLI

25 Jan 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.05   of 2019

 Date of Institution:16.01.2019

  Date  of  Decision:25.01.2019

 

Luxmi Cold Storage and ICE Factory, Saraswati Nagar (Mustfabad), Sub Tehsil Mustabad, District Yamuna Nagar (through its proprietor/partner) namely Jai Parkash aged about 69 years, S/o Sh. Kishan Chand, proprietor of Luxmi Cold Storage and ICE Factory Saraswati Nagar, Tehsil Jagadhri, Distt. Yamuna Nagar.

…..Appellant

Versus

 

Suresh Kumar, s/o Sh. Sh. Mehar Chand, R/o Village Manka, Post Office Manki, Tehsil Barara, Distt. Ambala through his Special Power of Attorney Sh.Mohinder Pal s/o Sh. Sh.Mehar Chand  R/o village Manka, Post Office Manki, Tehsil Barara, Distt. Ambala.

…..Respondent

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member

 

                   

Present:-    Mr.Ajay Chaudhary Advocate for the appellants.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           

          Delay in filing the revision petition is condoned for the reasons stated in the application filed for condonation of delay.

2.      Revision Petition is preferred against the order dated  12.03.2018 and  05.12.2018 passed by the learned District Consumer Disputes Redressal forum, Yamuna Nagar vide which defence of the OP was struck off as well as review application for recalling the order was dismissed.

3.      The argument has been advanced by Sh.Ajay Chaudhary, the learned counsel for the petitioner. With their kind assistance the original file including whatever the evidence has been led on behalf of  revisionist had also been properly perused and examined.

4.      While unfolding the arguments it has been argued by Mr.Ajay Chaudhary the learned counsel for the revisionist that defence of the O.P. was struck off without considering the fact that the proprietor of O.P. was having several medical problems during the prosecution of the case and various tests was carried out by the proprietor of petitioner and for that reason O.P. did not file the reply within the stipulated time. Learned counsel for the revisionist has placed on hospital record, which reveals that the O.P. proprietor Mr. Jai Prakash Goal is having several medical problems. Since the defence of the OP was struck off on technical grounds without affording an sufficient opportunity to file the reply, it was prayed that after setting aside the impugned order passed by learned District Forum, the matter may be relegated, the parties may be directed to lead their respective evidence and the appropriate directions may be issued to the learned District Forum to decide the complaint afresh.

5.        In view of the above submissions and careful perusal of the entire record, it is true that  proprietor of O.P. was having under treatment from Yamuna Nagar from Vendanta Hospital, Omax Hospital, Jaipur during the prosecution of the case.  It is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the appellant-O.P. is afforded an opportunity to defend itself before the learned District Forum, so in these circumstances proceedings dated 12.03.2018 initiated against  O.P. -appellant is set aside  and the impugned order dated 05.2.2018 is hereby set aside subject to the payment of Rs.5000/- as costs.  Revision Petition is allowed.  Let the petitioner be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits. The matter is remitted back to the District Forum, Yamuna Nagar to decide the complaint on merits after affording an opportunity to parties to contest the complaint. 

6.      The parties are directed to appear before the learned District Forum, Yamuna Nagar on  25.03.2019 for further proceedings.

 

January 25th, 2019                        Ram Singh Chaudhary,                                                                           Judicial Member                                                                                       Addl.Bench                 

S.K.