Haryana

StateCommission

A/545/2018

VIRENDER SINGH - Complainant(s)

Versus

TATA MOTORS FINANCE LTD. - Opp.Party(s)

PRADEEP PANWAR

19 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    545 of 2018

Date of Institution:  27.04.2018

Date of Decision:    19.07.2018

 

 

Virender Singh Bajwan son of late Shri Prem Singh, resident of Badiyal, Morni Hills, Tehsil and District Panchkula, Haryana.

 

…Appellant-Complainant

 

Versus

 

1.      TATA Motors Finance Limited, Branch Office 139-140, Sector 9C, Chandigarh, through it’s Branch Manager.

 

2.      M/s PASCO Motors, Ambala Road, Barwala, Tehsil and District Panchkula, Haryana, through it’s Manager.

 

3.      M/s PASCO Motors NH-73, Ambala Jagadhari Road, Dosarka, District Ambala, Haryana, through it’s Managing Director.

 

…Respondents No.1 to 3-Opposite Parties No.1 to 3

 

 

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

                   Shri Balbir Singh, Judicial Member.

      

 

Present:     Shri Pradeep Panwar, counsel for the appellant.

 

                                      

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

The instant appeal has been filed by Virender Singh Bajwan–complainant against the order dated March 28^th, 2018 passed by District Consumer Disputes Redressal Forum, Ambala (District Forum) whereby, complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that due to some personal reason, counsel appearing on behalf of the appellant before the District Forum could not appear on the date fixed and the complaint was dismissed in default.  

3.      He further urged that the impugned order be set aside and complaint be restored at its original number.

4.      The complaint was dismissed in default at the stage of admission. Justice is the goal of jurisprudence.  It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice. No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant.

5.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication on merits.

6.      The appellant is directed to appear before the District Forum on August 30^th, 2018.

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

  

 

Announced 19.07.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.