STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

  Revision Petition No.24 of 2021

 Date of Institution:22.09.2021

  Date of Decision:01.10.2021

Air India Ltd., Air Lines House, 113, Gurudwara Rakab Ganj Road, New Delhi, through its Managing Director.

…..Revisionist.

Versus

1.      Gourav Garg S/o Shri Ashok Kumar, R/o House No.2141, Sri Nagar Colony, Jagadhri at present R/o Unit No.E 303, 1051038, Avenue, North-West, Adomnton, Alberte, T6J2N8, Canada, through its Special Power of Attorney Munish Garg S/o Shri Ashok Kumar Garg, R/o House No.2141, Sri Nagar Colony, Jagadhri.

2.      Yatra Online Private Limited, Gulf Adiba, 2^nd Floor, Plot No.272, Phase-II, Udyog Vihar, Sector-20, Gurugram, through its Managing Director, Haryana.

                                                                                …..Respondents.

CORAM:-       Shri Ram Singh Chaudhary, Judicial Member.

Present:-   Shri Amandeep Chauhan, counsel for the Revisionist.

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

(The matter has been heard through virtual hearing).

          As per order dated 27.09.2021 contained in letter No.1578, I am conducting these proceedings singly.    

1.      Present revision petition has been filed by the revisinist against the impugned order dated 23.08.2021, passed by learned District Consumer Disputes Redressal Commission, Yamuna Nagar (in short ‘learned District Commission’), vide which the defence of the present revisionist, who was opposite party No.2 before learned District Commission, was struck off.

2.      Feeling aggrieved therefrom, revisionist-opposite party No.2 has preferred the present appeal.

3.      The arguments have been advanced by Shri Amandeep Chauhan, learned counsel for the revisionist. With his kind assistance the entire file of the revision petition has been properly perused and examined.

4.       Learned counsel for the revisionist vehemently argued that the complainant-respondent No.1 has filed a consumer complaint bearing No.186 of 2021 before learned District Commission, Yamuna Nagar. Thereafter, the complaint was fixed for 23.08.2021 for filing written statement on behalf of the present revisionist-opposite party No.2, but the counsel for opposite party No.2 could not appeared before learned District Commission on that date as the counsel fell ill and developed fever in the morning of 23.08.2021 and also conveyed the massage before learned executing court through proxy counsel, but learned District Commission passed the impugned order and defence of opposite party No.2 was struck off. It has further argued that non appearance of learned counsel for opposite party No.2 before learned District Commission was neither intentional nor willful, so the impugned order dated 23.08.2021 may be set-aside and  an opportunity may be given to the present revisionist-opposite party No.2 for filing its written statement, lead its evidence and advancing final arguments on merits

5.      From the perusal of case, it is clear that a complaint has been filed by the complainant-respondent No.1 before learned District Commission, Yamuna Nagar and defence of the present revisionist, who is opposite party No.2 before learned District Commission was struck off vide order dated 23.08.2021. However, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Commission. Under these circumstances, impugned order dated 23.08.2021 passed by learned District Commission, Yamuna Nagar is set-aside for all intents and purposes, present appeal stands allowed subject to depositing of Rs.2,000/- as of costs by the present revisionist to be paid to the complainant before learned District Commission. The matter is remitted back to the District Commission, Yamuna Nagar to decide the complaint on merits after affording an opportunity to present appellants to argue the matter on merits.

6.      Appellants are directed to appear before the District Commission, Yamuna Nagar on 12.11.2021 for further proceedings. It is further clarified that in case the cost of Rs.2,000/- is not paid by the present revisionist to the complainant, in that eventuality, the present revisionist-opposite party No.2 would not allowed to join the proceedings before learned District Commission.

October 01^st, 2021                                                  Ram Singh Chaudhary                                                                                       Judicial Member    

R.K.                                                                               Addl. Bench