Haryana

StateCommission

RP/97/2022

IFB INDUSTRIES LTD. - Complainant(s)

Versus

AMIT MITTAL AND OTHERS - Opp.Party(s)

P.K. KUKREJA

03 Jan 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Instituion:20.12.2022

                Date of final hearing:03.01.2023

                                                Date of pronouncement:03.01.2023

 

Revision Petition No.97 of 2022

 

IN THE MATTER OF

 

IFB Industries Limited through its Managing Dirctor, L1, Verna, Goa-403722, India Wrongly mentioned in complaint and actual complete address is L1, Verna Industrial Estate, Verna Salcete, Goa, North Goa-403722, India and one of the offices is at Times Square, Plot No.C-196-A, (1^st Floor), Industrial Focal Point, Phase 8-B, Mohlali (Manufacturer of IFB Washing Machine).

                                                                                      .….Petitioner

Through counsel Mr. P.K. Kukreja, Advocate

 

Versus

 

1.    Amit Mittal aged about 42 years, son of Shri Manghi Ram, R/o House No.903/A, City Centre Road, Vishwakarma Mohalla, Yamuna Nagar, Adhaar No.871803614102, Mobile No.7009187686.

2.    Sapra Electronics, Main Bazar, Vishnu Nagar, Jagadhri Workshop, Yamuna Nagar through its Proprietor/Authorized Signatory (Authorized dealer of IFB Washing Machine).

3.    IFB Care Centre, Gali No.07, Prem Nagar, Behind Chatnya Consultant, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar through its Proprietor/Authorized Signatory (Authorized Service Centre of IFB Washing Machine).

….Respondents.

 

CORAM:   S.P.Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. P.K. Kukreja, counsel for the petitioner.

 

O R D E R

S. P. SOOD, JUDICIAL MEMBER:

           

                    Present Revision Petition is preferred against the order dated  14.11.2022 in Consumer Complaint No.406 of 2022, passed by the learned District Consumer Disputes Redressal Commission, Yamuna Nagar, vide which opposite parties (‘OPs’)-present petitioner (OP No.3) was proceeded against ex-parte.

2.                The argument has been advanced by Mr. P.K. Kukreja, 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. P.K. Kukreja, learned counsel for the petitioner that the present petitioner will suffer irreparable loss and injury in the event that the impugned order dated 14.11.2022 is not set-aside. He further argued that complainant intentionally mentioned a wrong and incomplete address of present petitioner while furnishing the address, where the Managing Director of petitioner was not having its address as mentioned in the present revision petition and summons issued by learned District Commission were never served on the present petitioner and ex-parte proceedings were initiated against it. He further argued that present petitioner came to know about the impugned order on 12.12.2022 and thereafter, immediately filed the present revision petition. He further argued that the non appearance of present petitioner, before learned District Commission was neither intentional nor willful and further prayed that order dated 14.11.2022 may be set aside and present revision petition 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 OP No.3-present petitioner by learned District Commission vide order dated 14.11.2022, 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 present petitioner-OP No.3 is afforded an opportunity to defend itself before the learned District Commission. So, in these circumstances, order dated 14.11.2022, passed by learned District Commission, Yamuna Nagar, vide which ex-parte proceedings were initiated against the present petitioner-OP No.3 is hereby set-aside and the present revision petition is allowed. Let, the petitioner be afforded an opportunity to file its reply and to lead its evidence etc. thereafter, the complaint be decided on merits.

5.                The petitioner is directed to appear before the learned District Commission, Yamuna Nagar on 11.01.2023 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 learned District Commission, Yamuna Nagar.

8.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

9.                Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

10.              File be consigned to record room alongwith a copy of this order.

 

Pronounced on 03^rd January, 2023                                                                                                                                                                                          S.P.Sood

                                                                                                            Judicial Member                                                                                                                 Addl. Bench            

 

         

                                                                                                            S.C. Kaushik                                                                                                                        Member                                                                                                                                 Addl. Bench

                       

 

R.K.