Appeal No.635/06


Adonis Electronics Pvt.Ltd.,C.Scheme,Jaipur. Appellant

V.

1.

Manav Seva Samiti,r/o Badi ka Kheda,Bagru,Jaipur
2.

Aditi Communication,C.4,Laxman Path,Ajmer Road,Jaipur. Respondents

Before:

Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Anil Bhatiya,counsel for the appellant

Shri R.K.Tongawat,counsel for res.no.1

None for res.no.2




Date of Judgement: 22.7.09



BY THE STATE COMMISSION


This appeal has been filed by the appellant which was op no.1 before the District Forum-II,Jaipur against the exparte order dated 27.2.06 passed by the District Forum-II,Jaipur in complaint no.738/05,by which the complaint of the complainant res.no.1 was allowed against the appellant as well as against res.no.2 in the manner that both were directed to pay a sum of Rs.2450/- to complainant res.no.1 and if the above amount was not paid within 2 months,they would further pay interest @ 9% p.a and further to pay Rs.2000/- as amount of compensation for mental agony and Rs.1000/- as amount of cost of litigation interalia holding that the appellant as well as res.no.2 both were held liable for supplying defective piece of mobile.

2

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 has 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.


3


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 27.2.06 passed by the District Forum-II,Jaipur in complaint case no.738/05 is quashed and set aside and the matter is remanded back to the District Forum-II,Jaipur 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-II,Jaipur on 16.9.09.

(iii)that the amount deposited by the appellant before the District Forum shall not be given to the appellant or to the complainant respondent no.1 till final disposal of the complaint.

(iv)that the appellant is directed to file reply before the District Forum-II,Jaipur on or before 16.9.09. Since the respondent no.2 is not present before this Commission,therefore,before proceeding further,the District Forum shall issue fresh notices to the respondent no.2 for appearance.



Member President