Appeal No.1294/08

M/s Kalpana Cargo Pvt.Ltd.,Jaipur V. Indra Singh


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Anil Bhatiya,counsel for the appellant

Shri Virendra Saraswat,counsel for the respondent




Date of Judgement: 30.7.09



BY THE STATE COMMISSION


Looking to the averments made in the application for condonation of delay supported by the affidavit, and taking into consideration the impugned order was passed exparte against the appellant, delay of 133 days is condoned.


This appeal has been filed by the appellant which was op before the District Forum,Hanumangarh against the exparte order dated 7.2.08 passed by the District Forum,Hanumangarh in complaint case no.25/08,by which the complaint of the complainant respondent was allowed exparte against the apppellant in the manner that the appellant Cargo company was directed to pay Rs.60/- ,the amount charged for sending the goods and further to pay Rs.8500/- the cost of the goods lost in transit and further to pay Rs.5000/- as amount of compensation for mental agony and Rs.1100/- as amount of cost of litigation in all, Rs.14660/-,interalia holding that the goods entrusted by the

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complainant respondent to the appellant on 4.8.06 had not reached at its destination.


It has been submitted by the learned counsel appearing for the appellant that the impugned order was passed exparte and since it affected the rights of the appellant,therefore, before passing such order, opportunity to put thier case should have been given to the appellant by the District Forum. Hence it was prayed that in the interest of justice,an opportunity to put their case may be given to the appellant and the matter may be remanded back to the District Forum after setting aside the impugned order with the directions to decide the same afresh in accordance with law after hearing both the parties.


The learned counsel appearing for the respondent has submitted that it was not a fit case for remand as the appellant had not appeared before the District Forum intentionally as notice,which was sent to him,was returned with the remarks “refused”.


Whatever may be the reasons,but the fact is that the impugned order was passed exparte.


It may be stated here that the maxim 'Audi Alteram Partem' (hear the other side) has now been universally acknowledged as a principle of natural justice. The principle of audi alteram partem has been elevated to the status of a constitutional right. This principle requires that no one shall be condemned unheard. The purpose of following the principles of natural justice is prevention of miscarriage of justice and hence the observance thereof is the pragmatic requirement of fair play in action. The requirement of natural justice is applicable not only to judicial or quasi judicial orders but also to administrative orders affecting a party prejudicially,unless it is expressly excluded by a law which is otherwise valid.


Thus,looking to the above principles and looking to the entire facts and circumstances of the case and looking to the fact that the impugned order was passed exparte affecting the rights of the appellant,it is just and proper and in the interest of justice to give one opportunity to the appellant to put their case and to remand the matter to the District Forum,after setting aside the impugned order,with the directions to decide the same afresh on merits in accordance with law after hearing both the parties.


Hence,this appeal filed by the appellant deserves to be allowed and it is hereby allowed in the following manner:-

(i)that the impugned order dated 7.2.08 passed by the District Forum,Hanumangarh in complaint case no.25/08 is quashed and set aside and the matter is remanded back to the District Forum,Hanumangarh with the directions to decide the same afresh on merits in accordance with law after hearing both the parties.

(ii)that the parties are directed to appear before the District Forum,Hanumangarh on 8.9.09.

(iii)that the amount deposited by the appellant before the District Forum shall not be given to the appellant or to the complainant respondent till final disposal of the complaint.

(iv)that the appellant is directed to file their reply before the District Forum,Hanumangarh on or before 8.9.09.




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