ORDER (ORAL) This Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short “the Act), by the sole Opposite Party in the Complaint, is directed against the order dated 25.09.2017, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short “the State Commission”) in Complaint No.78 of 2017. By the -2- impugned order, the State Commission has dismissed the Application filed on behalf of the Appellant herein, seeking recall of the order dated 05.09.2017 (not on record), whereby it was proceeded against ex parte. At the outset, learned Counsel appearing for the Respondent/Complainant states that as per his instructions, in order to avoid further delay in the disposal of the Complaint on merits, the Complainant would not object to the setting aside of the order, whereby it was proceeded against ex parte by the State Commission and grant of one opportunity to the Appellant to file its Written Version, provided the Complainant is adequately compensated for the delay already caused. In view of the above-stated stand on behalf of the Complainant and in the light of the observations made by the Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. And Anr. vs. M/s Mampee Timbers And Hardwares Pvt. Ltd. And Anr. (C.A. Diary No.2365 of 2017), we allow the Appeal; set aside the order dated 05.09.2017 and permit the Appellant to file its Written Version within 30 days from today, subject to the Appellant’s paying to the Complainant costs of ₹15,000/-. The costs shall be paid to the Complainant before the State Commission. -3- The parties/their Counsel are directed to appear before the State Commission on 27.04.2018 for further proceedings in accordance with law. The Appeal stands disposed of in the above terms. |