Haryana

StateCommission

RP/3/2022

UNION BANK OF INDIA - Complainant(s)

Versus

AJAIB SINGH - Opp.Party(s)

GAURAV KHERA

21 Jul 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.03  of 2022

 Date of Institution:02.03.2022

  Date  of  Decision:21.07.2022

 

Union Bank of India (Erstwhile Union Bank of India), a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings), Act, 1970 having its Central office at 239, Vidhan Bhawan Marg, Nariman Point, Mumbai-400021 and inter alia Branch Officers at Hamyupur District Ambala through its Branch Manager Mr. Mahinder Pal Singh.

 

…..Petitioner

Versus

 

1.      Ajaib Singh aged 68 years son of Shri Nand Ram, R/o Village Hamyupur, Tehsil and District Ambala.

2.      SBI General Insurance Company Ltd., having Regional Officer SCO 457-458, Sector 35-C, 1^st 2^nd Floor, Chandigarh-160036.

3.      Deputy Director, Agriculture, Ambala.

…..Respondents

 

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. S.C. Kaushik, Member

                   

Present:-    Mr. Gaurav Khera, Advocate for the petitioner.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

                    Revision Petition is preferred against the order dated  13.01.2021 in Consumer Complaint No.56 of 2020, passed by the learned District Consumer Disputes Redressal Commission, Ambala, vide which the present petitioner-opposite party No.2 was  proceeded ex-parte.

2.                The argument has been advanced by Sh. Gaurav Khera, learned counsel for the petitioner. With his kind assistance the revision petition had also been properly perused and examined.

3.                While unfolding the arguments it has been argued by Mr. Gaurav Khera, the learned counsel for the petitioner that the present petitioner has not received any notice issued by learned District Commission, Ambala and the present petitioner/opposite party No.2 was proceeded against ex-parte vide order dated 13.01.2021. It was further argued that on 22.12.2021, the present petitioner came to know that ex-parte proceedings were initiated against it by learned District Commission. It was further argued that non appearance before the learned District Commission was neither intentional nor willful and further prayed that order dated 13.01.2021 may be set aside and present revision petitioner may be allowed.

4.                In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated against the present petitioner/opposite party No.2 by learned District Commission vide its order dated 13.01.2021, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the revisionist-opposite party No.2 is afforded an opportunity to defend itself before the learned District Commission. So, in these circumstances, order dated 13.01.2021, passed by learned District Commission, Ambala vide which ex-parte proceedings initiated against  opposite party No.2/petitioner is set aside and the present revision petition is allowed. Let, the petitioner be afforded an opportunity to file its reply and lead evidence etc. thereafter the complaint be decided on merits.

5.                The petitioner is directed to appear before the learned District Commission, Ambala on 19.08.2022 for further proceedings.

6.                This revision petition has been disposed of without issuing notice to the respondents with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. In this regard, reliance can be placed on a Division Bench judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

7.                Copy of this order be sent to the District Commission, Ambala alongwith the original record.

 

 

21^st July, 2022         S.C. Kaushik                                                S. P. Sood                                                    Member                                                         Judicial Member                                         Addl. Bench                                                 Addl. Bench

 

R.K.