NCDRC

NCDRC

RP/140/2020

RNB OVERSEAS - Complainant(s)

Versus

VINOD KUMAR & ORS. - Opp.Party(s)

MR. DEEPAK AGARWAL

10 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 140 OF 2020
(Against the Order dated 22/10/2019 in Appeal No. 630/2019 of the State Commission Haryana)
1. RNB OVERSEAS
THROUGH MADHUR BAJAJ, 25, INDUSTRIAL DEVELOPMENT COLONY, NEAR ITI
KARNAL
HARYANA
...........Petitioner(s)
Versus 
1. VINOD KUMAR & ORS.
S/O.SHRI SATPAL R/O. VILLAGE AMIN, TEHSIL THANESAR,
DISTRICT-KURUKSHETRA
HARYANA
2. DEALER JOGINEDER SINGH
C/O. 25, INDUSTRIAL DEVELOPMENT COLONY, KUNJPURA ROAD, NEAR ITI DISTRICT-KARNAL HARYANA
DISTRICT-KURUSHTRA
NEW DELHI-110017
3. MADHUR RNB OVERSEAS
25, INDUSTRIAL DEVELOPMENT COLONY, KUNJPURA ROAD, NEAR ITI DISTRICT-KARNAL HARYANA
4. DEALER JOGINEDER SINGH
25, INDUSTRIAL DEVELOPMENT COLONY, KUNJPURA ROAD, NEAR ITI DISTRICT-KARNAL HARYANA
DISTRICT-KURUSHTRA
NEW DELHI-110017
5. DEALER JOGINEDER SINGH
BOHIL ROAD,`
DISTRICT-KURUSHTRA
NEW DELHI-110017
...........Respondent(s)
REVISION PETITION NO. 141 OF 2020
(Against the Order dated 22/10/2019 in Appeal No. 631/2019 of the State Commission Haryana)
1. RNB OVERSEAS
THROUGH MADHUR BAJAJ, 25, INDUSTRIAL DEVELOPMENT COLONY, NEAR ITI
KARNAL
HARYANA
...........Petitioner(s)
Versus 
1. SATISH KUMAR & ORS.
S/O. OM PRAKASH, R/O. VILLAGE AMIN, TEHSIL THANESAR,
DISTRICT-KURUKSHETRA
2. COMPANY MECHANIC GURMEET SINGH
C/O. 25, INDUSTRIAL DEVELOPMENT COLONY, KUNJPURA ROAD, NEAR ITI DISTRICT-KARNAL HARYANA
3. MADHUR RNB OVERSEAS
25, INDUSTRIAL DEVELOPMENT COLONY, KUNJPURA ROAD, NEAR ITI DISTRICT-KARNAL HARYANA
4. M/S. SNC POWER CORPORATION LIMITED
25, INDUSTRIAL DEVELOPMENT COLONY, KUNJPURA ROAD, NEAR ITI DISTRICT-KARNAL HARYANA
BANGALORE.
5. DEALER JOGINEDER SINGH
D-80, LGF SAKET
DISTRICT-KURUSHTRA
NEW DELHI-110017
...........Respondent(s)

BEFORE: 
 HON'BLE MR. BINOY KUMAR,PRESIDING MEMBER
 HON'BLE MRS. JUSTICE SAROJ YADAV,MEMBER

FOR THE PETITIONER :
FOR THE PETITIONER(S) : MR. DEEPAK AGARWAL, ADVOCATE
FOR THE RESPONDENT :
FOR THE RESPONDENT(S) : MR. VINOD KUMAR, IN PERSON
MR. SATISH KUMAR, IN PERSON
MR. SAMEER SRIVASTAVA, ADVOCATE (VC)

Dated : 10 October 2024
ORDER

Learned Counsel for the Petitioner(s) submitted that he has filed these Revision Petitions against the Order of the Haryana State Consumer Disputes Redressal Commission (for short ‘State Commission’) dated 22.10.2019 which dismissed his Appeal(s) on the ground of limitation.  There was a delay of 157 days in filing of the Appeal(s).

He further submitted that he was not even heard by the District Consumer Disputes Redressal Commission, Kurukshetra (for short ‘District Commission’), which gave an ex-parte Order against the Petitioner(s) dated 12.03.2019.  He submitted that he was never served in so far as the District Commission is concerned and since he has not been heard on merits by any of the two Commissions, he may be permitted to be heard by the District Commission.

Perused the record, it is seen that the District Commission gave an ex-parte Order based on the notice which was sent through registered post but no acknowledgment received without indicating whether service was done or not.  The District Commission took the decision that since 30 days had passed, such service would be considered as deemed service.

While both the Commissions have their own reasons for not hearing the Petitioner(s)/Opposite Party(s) but in order to have a proper adjudication, an opportunity should be given to the Petitioner(s)/Opposite Party(s) to be heard once and therefore, we are of the considered opinion to remand the case to the District Commission, which shall hear the matter on merit subject to a cost of Rs.15,000/- each to be paid to the Respondent No.1/Complainant in each of the two cases.

The Order(s) of the State Commission dated 22.10.2019 and District Forum dated 04.01.2019 are set aside.

Parties to appear before the District Commission on 11.11.2024.

The Revision Petition(s) are accordingly disposed of.

 
............................
BINOY KUMAR
PRESIDING MEMBER
 
 
............................J
SAROJ YADAV
MEMBER

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