Haryana

StateCommission

RP/128/2016

KAPSONS ENGINEERS PVT - Complainant(s)

Versus

USHA DEVI - Opp.Party(s)

TARUN MATHUR

04 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   128 of 2016

Date of Institution:       21.12.2016

Date of Decision:         04.01.2017

 

Kapsons Engineers Pvt. Ltd., Office at: Time Centre Building, Golf Course Road, Near Suncity, Gurgaon (Haryana).

 

…….Petitioner-Opposite Party No.3

 

Versus

 

1.      Smt. Usha Devi W/o Sh. Jasbir Singh, R/o H.No.182, VPO Kosli, Tehsi-Kosli, Distt. Rewari (Haryana).

 

……Respondent No.1-Complainant

 

2.      Pearl Honda, Kapsons Engineers Pvt. Ltd. (workshop) Main R.D. City Road, Sector-52, Wazirabad, Gurgaon.

 

                        …..Respondent No.2-Opposite Party No.2

 

3.      Universal Sompo General Insurance Co. Ltd., Office at: Plot No.52, B-Block, Sector 44, Gurgaon (Haryana).

 

…..Respondent No.3-Opposite Party No.1

 

CORAM:   Mr. B.M. Bedi, Judicial Member.

Mr. Diwan Singh Chauhan, Member.

                         

Present:     Mr. Tarun Mathur, counsel for the petitioner. 

                            

O R D E R

 

 

  B.M. BEDI, JUDICIAL MEMBER

          Kapsons Engineers Private Limited-opposite party No.3 is in revision against the order dated June 10^th, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that an opportunity be granted to the petitioner to file reply and contest the complaint.   The next date of hearing before the District Forum is January 09^th, 2017.

3.      Be that as it may and without delving deeper, this Commission is of the opinion that ends of justice would be met if the impugned order is set aside and opportunity is granted to the petitioner to file reply and 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 impugned order is set aside subject to the conditional cost of Rs.10,000/- which is to be paid by the petitioner to the respondent No.1-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file reply and join the proceedings.

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

6.      The petitioner is directed to appear before the District Forum, on January 09^th, 2017, the date already fixed.

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

 

January 04th 2017 D.R.

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member