Haryana

StateCommission

RP/20/2022

BHARAT PETROLEUM CORPORATION - Complainant(s)

Versus

ASHISH KAPOOR - Opp.Party(s)

HARISH CHAWLA AND OTHERS

04 May 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.20  of 2022

 Date of Institution:28.04.2022

  Date  of  Decision:04.05.2022

 

Bharat Petroleum Corporation Ltd, LPG Gas Plant, Lalru, District SAS  Nagar, Mohali  through its constituted attorney Sh.Sunil Kumar Brar working as Territory Manager

…..Petitioner

Versus

 

1. Harish Chawla S/o Saudagar Mal Chawla R/oH.NO.189, New Rattangarh Colony, Ambala City, District Ambala.
2. M/s Anand Gas Service, Authorised Dealer of Bharat LPG GHAS, 86, Amba Market, Near Bus Stand, Ambala City through its proprietor.
3. United India Assurance Company Limited,
   Division Office, Ambala Cantt. through its Divisional Manager.

…..Respondents

 

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

                    Mr. Suresh Chander Kaushik, Member

                   

Present:-    Mr.Ashish Kapoor, Advocate for the petitioner.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

          Revision Petition is preferred against the order dated  15.12.2021 in Consumer Complaint No.273 of 2021 passed by the learned District Consumer Disputes Redressal Commission, Ambala vide which Opposite Party Nos.1 and 2 were proceeded ex parte.

2.      The argument has been advanced by Mr.Ashish Kapoor, Advocate for the petitioner. With his kind assistance the original file including whatever the evidence has been led on behalf of revisionist had also been properly perused and examined.

3.      While unfolding the arguments it has been argued by Mr.Ashish Kapoor, Advocate for the revisionist that wife of the complainant died due to burning of domestic gas, the complainant also informed to the OPNo.1 regarding the said incident. The petitioner deals with the Bharat Gas LPG agencies located in the state of Haryana.  The summons received at the Lalru office of the petitioner were somehow inadvertently misplaced and could not be sent to the office of the petitioner at Hisar. It was only in March 2022, the counsel for the petitioners came to know about impugned order where petitioner had been proceeded against ex parte. The absence of the petitioner on 15.12.2021 was neither willful, nor intentional, but due to the facts and circumstances as explained above.  The case was adjourned to 04.05.2022 for leading evidence of complainant. Learned counsel for the revisionist prayed that ex parte proceeding dated 15.12.2021 may be set setting aside qua petitioner.

4.        In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceeding was initiated against opposite party No.1, 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-O.P. No.1 is afforded an opportunity to defend itself  before the learned District Commission, so in these circumstances, ex parte  proceedings dated 15.12.2021 initiated against  O.P. No.1-petitioner is set aside.  Revision Petition is allowed qua petitioner.  Let the petitioner be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.      The parties are directed to appear before the learned District Commission, Ambala on  18.05.2022 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 respondents as also in order to avoid unnecessary delay in adjudication of the matter. In this regard, reliance can be placed on a Division Bench judgement 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.

 

04^th May, 2022          Suresh Chander Kaushik                        S. P. Sood                                                    Member                                                         Judicial Member                            

 

S.K

(Pvt. Secy.)