Haryana

StateCommission

RP/131/2016

MAKEMYTRIP(INDIA) PVT.LTD. - Complainant(s)

Versus

VIRENDER DESWAL - Opp.Party(s)

NAVEEN SHARMA

17 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   131 of 2016

Date of Institution:       14.12.2016

Date of Decision:         17.01.2017

 

 

MakeMy Trip (India) Pvt. Ltd., having its corporate office at: Tower-A, SP Infocity, Plot No.243, Udyog Vihar, Phase-I, Gurgaon-122016.

 

Also at:

 

UG-07, Front Side, TDI Shopping Mall, Rajouri Garden, New Delhi-110027.

…….Petitioner-Opposite Party

 

Versus

 

1.      Virender Deswal, Director Skylark Feeds Pvt. Ltd., Dharamgarh Road, Safidon, District Jind, Haryana.

 

                                                …..Respondent No.1-Complainant No.1

 

2.      Gaurav Deswal son of Sh. Ombir Deswal, R/o Sita Shyam Colony, Safidon, District Jind, Haryana.

 

……Respondent No.2-Complainant No.2

 

3.      Saurabh Deswal, Director Skylark Foods Pvt. Ltd., HSIDC Industrial Area Rai, District Sonepat, Haryana.

 

……Respondent No.3-Complainant No.3

 

4.      Siddhant Katewa, Director OVO Layer Farms Pvt. Ltd., 46, Katewa Chambers, Near Pital Factory, Jaipur (Rajasthan).

 

……Respondent No.4-Complainant No.4

 

5.      Harshvardhan Singh Katewa, Director OVO Layer Farms Pvt. Ltd. 46, Katewa Chambers Near Pital Factory, Jaipur (Rajasthan).

                   ……Respondent No.5-Complainant No.5

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.                    

 

Present:     Mr. Sumit Narang, proxy counsel for Mr. Naveen Sharma, counsel for the petitioner.

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

 The instant revision petition has been filed by MakeMy Trip (India) Private Limited-opposite party against the orders dated June 06^th, 2016 and October 03^rd, 2016 passed by District Consumer Disputes Redressal Forum, Jind (for short ‘District Forum’) whereby the petitioner was proceeded ex parte and it’s application for setting aside ex parte order was dismissed respectively. 

2.      Learned counsel for the petitioner has urged that the counsel engaged by the petitioner could not appear before the District Forum due to some personal exigency, for which petitioner cannot be blamed. He further urged that an opportunity be granted to the petitioner to file written version and contest the complaint. The next date of hearing before the District Forum is January 30^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 orders are set aside and opportunity is granted to the petitioner to file written version 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 orders dated June 06^th, 2016 and October 03^rd, 2016 are set aside subject to the conditional cost of Rs.5,000/- which is to be paid by the petitioner to the respondents No.1 to 5-complainants, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version 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 30^th, 2017, the date already fixed.

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

 

         

Announced 17.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

  (D.R.)