Haryana

StateCommission

RP/46/2018

VODAFONE MOBILE SERVICES - Complainant(s)

Versus

ANUBHAV SINGH AND ANOTHER - Opp.Party(s)

SHERRY K. SINGLA

27 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   46 of 2018

                                                Date of Institution:       27.03.2018

                                                Date of Decision:         27.04.2018

  

Vodafone Mobile Services Limited, through its authorized representative having its Circle Head Office at C-48, Okhla Industrial Area, Phse-II, New Delhi-11220.

 

Petitioner-Opposite Party No.2

 

Versus

 

1.       Anubhav Singh son of Shri Rajendra Singh, resident of House No.2513, Sector-23, Gurugram, Haryana-122001.

 

Respondent No.1-Complainant

 

2.      Bharti Airtel Limited, 06^th Floor, Tower A, Plot No.16, Udyog Vihar, Industrial Area, Phase IV, Gurugram-122016.

 

Respondent No.2-Opposite Party No.1

 

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

                   Shri Balbir Singh, Judicial Member.

 

Present :    Shri Akshit Aggarwal, counsel for the petitioner.

                  

 

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By filing the present revision petition, Vodafone Mobile Services Limited-opposite party No.2 (petitioner) has challenged the order dated February 26^th, 2018 passed by District Consumer Disputes Redressal Forum, Gurgaon (District Forum), whereby it’s defence was struck off for non-filing of written version on the ground that the petitioner did not give it’s version of the case within a period of forty five days. 

2.      Learned counsel for the petitioner has urged that impugned order be set-aside and petitioner be granted opportunity to file written version and contest the case on merits. The next date of hearing before District Forum is May 21^st, 2018.

3.      In Reliance General Insurance Company Limited and another versus M/s Mampee Timbers and Hardware Private Limited and another, D.No.2365 of 2017 decided on February 10^th,2017, Hon’ble Supreme Court has held as under:-

            “We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter”.

 

4.      In this view of the matter, this revision petition is allowed and the impugned order is set-aside subject to conditional cost of Rs.5000/- to be paid to the complainant-respondent No.1 on the date fixed before District Forum. Consequently, the petitioner is accorded opportunity to file written version on the date fixed, that is, May 21^st, 2018 before the District Forum. 

5.      This petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents 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 High Court of Punjab and Haryana 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.

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

 

Announced: 27.04.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.