STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA    

                                                                  Date of Institution: 09.07.2024

                Date of final hearing: 28.11.2024

                      Date of pronouncement: 28.11.2024

Revision Petition No.49 of 2024

Som Raj

                                                                   .….Revisionist/complainant

Versus

The Nationalized Bank Employees and other Public Co-Operative T & C Society Ltd. and others.            

….Respondents                                                              

CORAM:   Sh. Naresh Katyal, Judicial Member.

                   Sh. S.C. Kaushik, Member.  

Present:-    Mr. Munish Bakshi, counsel for revisionist.

O R D E R

PER: NARESH KATYAL, JUDICIAL MEMBER:

                             Delay of 62 days in filing of revision petition stands condoned for the reasons stated in the application seeking condonation of delay and accompanying affidavit which constitute ‘sufficient cause’ within the ambit of Section 5 of Limitation Act.

2.                Challenge to order dated 01.02.2024 passed by learned District Consumer Disputes Redressal Commission-Ambala has been invited in this revision petition vide which evidence of complainant/revisionist has been closed. Keeping in view, the fact that complaint is still pending adjudication before learned District Consumer Commission-Ambala, this Commission does not see any necessity to issue notice in this revision petition to opposite parties/respondents, as it will unnecessarily delay culmination of proceedings of main complaint case and would unnecessarily put opposite parties in financial exigencies. Learned counsel for revisionist has contended that revisionist/complainant was neither aware nor in knowledge of date i.e. 01.02.2024 regarding hearing of complaint case. It is urged that in fact his counsel has/had noted down next date of hearing as 07.02.2024 and he remained under bonafide impression and belief that he would lead evidence on adjourned date i.e. on 07.02.2024. Because of this reason; his absence on 01.02.2024 was neither intentional nor accentuated by any mala fide and evidence could not be led by him. It is further urged that impugned order has landed him in prejudicial situation so far as his rights in complaint are concerned. Further, it is urged that only one opportunity be granted to revisionist/complainant to lead and conclude his entire evidence (oral and documentary) before learned District Consumer Commission in support of his case.

3.                On analyzing above submissions/pleas; this Commission is of firm opinion that no prejudice would be caused to opposite parties, in case revisionist/complainant is allowed one effective opportunity to lead and conclude his entire evidence (oral and documentary) 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.

4.                While exercising more rational pragmatic approach to the controversy; this Commission views that granting of one effective opportunity to revisionist/Complainant to lead and conclude his evidence subject to imposing cost against him would meet the ends of justice. In view of above, this revision petition is allowed and impugned order dated 01.02.2024 passed by learned District Consumer Commission-Ambala in Complaint Case No.49 of 2023 titled as Som Raj Vs. The Nationalized Bank Employees & others is hereby set aside. Revisionist (complainant in Complaint Case No. 49 of 2023) would now appear before learned District Consumer Commission on 04.12.2024, either self or through his counsel and would lead & conclude his entire evidence (oral as well as documentary) at his own risk, cost and responsibility. It would however, be subject to payment of cost of Rs.2,000/- plus cost of Rs.600/- already imposed upon him by learned District Consumer Commission-Ambala, during proceedings of complaint. Entire cost amount of Rs.2,600/- to be deposited by revisionist-Som Raj in District Legal Services Authority-Ambala and receipt in this regard would be produced in record of Complaint Case (C.C. No.49 of 2023) pending before learned District Consumer Commission-Ambala. Learned District Consumer Commission would thereafter proceed ahead with its endeavor to dispose of the complaint as per law.

5.                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.

6.                File be consigned to record room.  

Pronounced on: 28^th November, 2024.

                                                                        S.C. Kaushik                  Naresh Katyal                                                                     

                                                                         Member                          Judicial Member

                                                                        Addl. Bench                   Addl. Bench