STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA
Date of Institution: 11.12.2024
Date of final hearing: 17.12.2024
Date of pronouncement: 17.12.2024
Revision Petition No.98 of 2024
Branch Manager, Bajaj Allianz, Bajaj Office, Mahendragarh Road, Narnaul, Tehsil Narnaul, District Mahendragarh.
.….Appellant/revisionist
Versus
- Yashpal S/o Prem Kumar, R/o Kharkhadi, Narnaul, Tehsil Narnaul, District Mahendragarh, Haryana.
….Respondent
- Bajaj Allianz, Mahendragarh Road, Narnaul through agent Ariant Jain, R/o Mohalla Sangivada, Opp. Old OBC Narnaul, Tehsil Narnaul, District Mahendragarh.
….Performa Respondent
CORAM: Sh. Naresh Katyal, Judicial Member.
Sh. S.C. Kaushik, Member.
Present:- Mr. Ramdeep Partap Singh, counsel for revisionist.
O R D E R
PER: NARESH KATYAL, JUDICIAL MEMBER:
In this revision petition; revisionist (OP No. 1 in complaint) has invited challenge against order dated 05.09.2024 passed by learned District Consumer Disputes Redressal Commission-Narnaul vide which revisionist/OP No.1 has been proceeded against ex-parte. Main complaint is pending before learned District Consumer Commission-Narnaul. Keeping in view the text of revision petition; this Commission does not deem it necessary to issue notice of it to complainant as it would unnecessary delay the disposal of main complaint. Rather it would save the parties to this lis from the burden of unnecessary expenses.
2. Learned counsel for revisionist/OP No.1 has urged that non-appearance of revisionist/OP No.1 before learned District Consumer Commission on 05.09.2024 was neither intentional nor it was accentuated by any mala-fide and revisionist/OP No.1 has not gained anything by not appearing before it. It is urged that now permission be granted to revisionist herein to appear and tender defense/written version before learned District Consumer Commission by setting aside order dated 05.09.2024. Further, it is contended that main complaint is still at its initial stage.
3. On analyzing above contentions and while keeping in view the contention of learned counsel for revisionist/OP No.1 that main complaint is still sub-judice, therefore, this Commission is of firm opinion that no prejudice would be caused to complainant (Yashpal) in case revisionist/OP No.1 is now allowed to join proceedings of complaint case and also permitted to tender its defense/written statement. While observing so, this Commission is conscious of well settled legal adage that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same. Further, in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward his/her/its case in a meaningful manner. In case titled as Rajeev Hitendra Pathak & Ors. Vs. Achyut Kashinath Karekar & Another, Civil Appeal No. 4307 of 2007 AND case titled as M.O.H. Lathers Vs. United Commercial Bank Civil Appeal No.8155 of 2001 both decided on 19.08.2011 reported in 2011 (4) PLR 274; Hon’ble Apex Court has held that: “State Commission or District Consumer Forum do not have power to set aside their own ex-parte order nor they have power to review their own orders. This power vests in National Commission only by Section 22 (A) of the Act.” It would legally imply that ex-parte order passed by learned District Consumer Commission can be legally assailed by filing revision petition.
4. In view of above, this revision petition is allowed and impugned order dated 05.09.2024 passed by learned District Consumer Commission-Narnaul in Complaint Case No.175 of 2024 titled as Yashpal Vs. Branch Manager, Bajaj Allianz & Another is hereby set aside. Revisionist herein (OP No.1/Branch Manager, Bajaj Allianz… in Complaint Case No. 175 of 2024) would now appear before learned District Consumer Commission-Narnaul on 29.01.2025, either through its authorized representative or through counsel and would also file its written version/written statement on that day (29.01.2025) itself. This concession granted to revisionist herein/OP No.1 would however, be subject to payment of cost of Rs.5,000/- to be deposited by revisionist-OP No.1 in District Legal Services Authority-Narnaul and receipt in this regard would be produced in record of Complaint Case (C.C. No.175 of 2024) pending before learned District Consumer Commission-Narnaul. Deposit of cost amount of Rs.5,000/- would be the condition precedent for filing written statement by revisionist and to put its appearance.
5. A copy of this order be provided to parties of this lis, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.
6. File be consigned to record room.
Date of pronouncement: 17th December, 2024.
S.C. Kaushik Naresh Katyal
Member Judicial Member
Addl. Bench Addl. Bench
