Haryana

StateCommission

RP/13/2018

AGGARWAL PACKERS AND MOVERS LTD. - Complainant(s)

Versus

AJEET KUMAR PANDEY - Opp.Party(s)

MAHENDER SINGH

22 Feb 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.13 of 2018

Date of Institution:     09.02.2018

Date of Decision:      22.02.2018.

 

 

1.      M/s Aggarwal Packers and Movers (Unit of DRS Logistics Private Limited), Shop No.6, First Floor, Sector 56 to Artemis Hospital Sector 57, Gurugram-122011.

 

2.      M/s Aggarwal Packers and Movers, 220, Kabra Complex, 61, MG Road, Sikandrabad (AP).

 

Petitioners-Opposite Parties

 

Versus

 

Ajeet Kumar Pandey son of Shri Dashrath Pandey, resident of Valley View Estate, Flat No.6, Gwal Pahari, Gurugram.

 

Respondent-Complainant

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

                  

                         

Present:     Shri Nilesh Kumar, counsel for the petitioners.

 

         

                            

O R D E R

 

 

 NAWAB SINGH, J. (ORAL)

 

By filing this revision petition, M/s Aggarwal Packers and Movers, Gurugram–opposite parties (petitioners herein) have challenged the order dated September 11^th, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby the petitioners were proceeded ex parte.

2.      Learned counsel for the petitioners has urged that the counsel representing the petitioners did not appear before the District Forum on the date fixed and as such, the petitioners were proceeded ex parte. The next date of hearing before the District Forum is February 23^rd, 2018 for arguments.

3.      Justice is the goal of jurisprudence. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party. Therefore, this Commission deems it appropriate to allow the petitioners to file written version. Accordingly, this revision petition is accepted and the impugned order is set aside. Consequently, the petitioners are accorded opportunity to file written version and join the proceedings.

4.      This revision petition is disposed of without issuing notice to the respondent with a view to impart 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.  Reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High Court rendered in     Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

5.      The petitioners are directed to appear before the District Forum, on February 23^rd, 2018, the date already fixed.

6.      Copy of this order be sent to the District Forum.     

         

 

Announced 22.02.2018	(Balbir Singh) Judicial Member	(Nawab Singh) President
D.R.