Appeal No.1790/05



1.Balaji Motors & Finance Co.,Jaipur

2.M.P.P.Maskot Project Pvt.Ltd.,Jaipur Appellants


V.

Rajesh Kumar Sharma,r/o Swami Wali Kothi,Jaipur Respondent



Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Praveen Purohit,counsel for the appellants

Shri R.K.Tongawat,counsel for the respondent




Date of Judgement: 5.6.09




BY THE STATE COMMISSION:



This appeal has been filed by the appellants against the order dated 16.8.05 passed by the District Forum-II,Jaipur in complaint no.377/05,by which the complaint of the complainant respondent was allowed exparte against the appellants in the manner that the appellants were directed to pay a sum of Rs.8600/- and further to return 5 blank cheques to the complainant respondent and further to pay interest @ 9% p.a on the above amount and further to pay Rs.3000/- as amount of compensation for

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mental agony and Rs.2000/- as amount of cost of litigation interalia holding that the amount of Rs.5500/- were paid by the complainant respondent to the appellants as advance payment for the instalment and Rs.3100/- were charged as process fee and further 5 blank cheques were also handed over by the complainant respondent to the office of the appellants, but loan was not sanctioned.


It has been submitted by the learned counsel appearing for the appellants that the impugned order was passed exparte and since it affected the rights of the appellants,therefore, before passing such order, opportunity to put thier case should have been given to the appellants 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 appellants 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 appellants have not appeared before the District Forum intentionally as notices,which were sent to them,were returned with the remaks “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

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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 appellants,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 appellants deserves to be allowed and it is hereby allowed in the following manner:-

(i)that the impugned order dated 16.8.05 passed by the District Forum-II,Jaipur in complaint case no.377/05 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 3.7.09.

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

(iv)that the appellants are directed to file reply before the District Forum-II,Jaipur on or before 3.7.09.




Member President