Chandigarh

StateCommission

RP/13/2019

Omaxe Ltd. - Complainant(s)

Versus

Vivek Jain - Opp.Party(s)

Munish Gupta Adv.

23 May 2019

ORDER

ORDER

 

                  

                    Service is complete.

2.             Sh. G.S.Jagpal, Advocate has put in appearance on behalf of the respondent/complainant by filing his memorandum of appearance, which is taken on record.

3.             This revision petition has been filed by the revision petitioner/judgment debtor, against the order dated 27.03.2019  passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short ‘the Forum’) vide which, for not putting in appearance on the date fixed, exparte proceedings were ordered to be taken up against the revision petitioner/judgment debtor.

4.             It is stated by Counsel for the revision petitioner that non appearance was not deliberate, however, it happened on account of miscommunication between Head Office and the Site Office of the Company. It is further stated by Counsel for the revision petitioner that he will place on record his power of attorney/authority letter in due course of time before the Forum.

5.             Execution Application bearing No.17 of 2019 is fixed before the Forum today for consideration.

6.             At the time of arguments, Sh.G.S.Jagpal, Advocate, Counsel for the respondent/complainant states that let the execution application be decided on merits.

7.             We appreciate his gesture.

8.             Accordingly, the revision petition is allowed. Order dated 27.03.2019, under challenge, is set aside. Liberty is granted to the revision petitioner/judgment debtor to put in appearance before the Forum.

9.             Parties are directed to appear before the Forum concerned on 31.05.2019.

10.           Order passed is subject to payment of cost of Rs.4,000/- by the revision petitioner/judgment debtor to the respondent/complainant, before the Forum on the date fixed.

11.           Complete record of execution file be sent back to the Forum concerned alongwith certified copy of this order, so as to reach there before the date fixed.

12.           Certified copies of this order be sent to the parties, free of charge.

13.           File be consigned to the Record Room after completion.

       

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