Delhi

StateCommission

RP/85/2019

HAVELLS INDIA LTD. - Complainant(s)

Versus

VIKAS DHAWAN - Opp.Party(s)

RAHUL LAL AKHRIYA

03 Feb 2020

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Revision Petition No.85/2019

(Arising out of the order dated 02.08.2019 passed in Complaint Case No.404 /2018 by the District Consumer Disputes Redressal Forum-III, Janakpuri, New Delhi)

 

 

Havells India Ltd.                                                                     … Petitioner

 

 

Versus

Vikas Dhawan                                                                         … Respondent

 

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Petitioner :	Mr. Rahul Lal Akhriya, Counsel for Petitioner.
For the Respondent	Respondent in person.

 

Dated: 03^rd  February, 2020

 

ORDER

 

Ms. Salma Noor, Presiding Member

 

                 By way of this revision petition prayer is made for recalling of the order dated 02.08.2019 passed by the Consumer Disputes Redressal Forum-III, Delhi in CC No. 404/2018 whereby the petitioner/OP No.2 and 3 i.e. Havells India Ltd. has been proceeded ex-parte.

                 It is stated that counsel for petitioner/OP No.2 and 3 got late due to which he could not appear on 02.08.2019 when the matter was called. It is stated that counsel for petitioner/OP No.2 and 3 enquire about the status of the matter from the staff, it was informed that the matter was adjourned to 22.11.2019. It is stated that counsel thereafter on 17.08.2019 inspected the file to know proceedings and came to know that OPs have been proceeded ex-parte on 02.08.2019. It is stated that non-appearance before the District Forum on 02.08.2019 was not intentional but due to bonafide reasons. The averments made in the petition are supported with the affidavit of the AR of the petitioner.

                 After some arguments, the respondent who is present in person states that he has no objection if the impugned order is set aside subject to payment of costs.

                 In view of the above as well as the reason given in the petition, I find no reason to disbelieve the same and keeping in mind the interest of justice as well as for effective disposal of the case on merits, I accept the revision petition qua the petitioner i.e. Havells India Limited, set aside the impugned order subject to payment of costs of Rs. 2,000/- to the respondent/complainant.

                 Parties are directed to appear before the District Forum on 17.03.2020. On the said date the petitioner shall pay costs of Rs. 2,000/- to the respondent/complainant and shall also file its evidence by way of affidavit. Thereafter, District Forum shall proceed in the matter in accordance with law.

                 File be consigned to Record Room.

 

 

(Salma Noor)

Presiding Member

Tri