Haryana

StateCommission

RP/79/2015

Shree Maruti Courier Service Private Limited - Complainant(s)

Versus

Swadeshi Textile Agencies - Opp.Party(s)

15 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                     

                                                          Revision Petition No  :  79 of 2015

Date of Institution:        01.10.2015

Date of Decision :         15.10.2015

 

1.      Shree Maruti Courier Service Private Limited through its Manager, near Hotel Mid Town, Sanjay Chowk, G.T. Road, Panipat.

 

2.      Chandresh Agency, Agent of Shree Maruti Courier Service Private Limited through its Manager, near Hotel Mid Town, Sanjay Chowk, G.T. Road, Panipat.

 

3.      Shree Maruti Courier Service Private Limited through its Director, 52/A, “Titanium” Opp. Prahladnagar Garden, 100 ft. Road, Ahmedabad (Gujarat) 380015.

 

                                      Petitioners-Opposite Parties

 

Versus

 

Swadeshi Textile Agencies through its Proprietor Vinod Gaba, 302/7, Shri Ram Mandir Marg, Near Amar Bhawan Chowk, Panipat.

 

Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

Present:               Ms. Meghna Singla, Advocate for petitioners

 

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

 

          Shree Maruti Courier Service Private Limited and others-opposite parties (petitioners) are in revision against the orders dated May 21^st, 2014 and August 20^th, 2015 passed by District Consumer Disputes Redressal Forum (for short District Forum), Panipat, whereby the petitioners were proceeded ex parte and their application for setting aside ex parte order was dismissed, respectively.

2.      Learned counsel for the petitioners has urged that petitioners were never served upon.  An opportunity be granted to the petitioners to file reply and contest the complaint.  The next date of hearing before the District Forum is October 23^rd, 2015.

3.      The object is to expedite the hearing and not to scuttle the same.  While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried. No party should ordinarily be denied the opportunity of participating in the process of justice dispensation.  Justice is the goal of jurisprudence.  Therefore, this Commission deems it appropriate to allow the petitioners to contest the complaint. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the orders dated May 21^st, 2014 and August 20^th, 2015 are set aside subject to the conditional cost of Rs.3000/- which is to be paid by the petitioners to the respondent-complainant, on the date fixed, before the District Forum. The petitioners are accorded opportunity to file reply and join the proceedings.

5.      Following Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur(CWP No.9563 of 2002) decided on June 27^th, 2002 passed by a Division Bench of Hon’ble High Court of Punjab and Haryana, this revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.

6.      The petitioners are directed to appear before the District Forum, on October 23^rd, 2015, the date already fixed.

7.      Copy of this order be sent to the District Forum.

 

Announced 15.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK