Haryana

StateCommission

A/568/2019

NATIONAL SEEDS CORPORATION LTD. - Complainant(s)

Versus

HARI RAM - Opp.Party(s)

GOPAL MITTAL

05 Jul 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.568 of 2019

 Date of Institution:13.06.2019

  Date of Decision:05.07.2019

 

National Seeds Corporation Ltd. through its Regional Manager, Sh. Mukesh Kumar Jat, its duly constituted attorney, Regional Office, Plot No.24, Phase-9, Industrial Area, Mohali.

 

…..Appellant.

Versus

 

Hari Ram son of Jiya Lal, Resident of Village Khera, Tehsil Indri, District Karnal.

…Respondent.

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                   Mrs. Manjula, Member.

                                     

Present:-    Mr.Gopal Mittal,  Advocate for the appellant.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

1.                Delay in filing the appeal is hereby condoned for the reasons stated in the application for condonation of delay.

2.                Present appeal has been filed by the appellant against the impugned order dated 16.02.2018 passed by learned District Consumer Disputes Redressal Forum, Karnal (in short ‘learned District Forum’), vide which the complaint of the complainant-respondent was allowed and present appellant, who was opposite party (in short ‘O.P’) before learned District Forum was directed as under:-

“As a sequel of foregoing discussion, we accept the present complaint and direct the OPs to pay Rs.25,000/- to the complainant as compensation and to refund Rs.800/- as the cost of the seed. We further direct OPs to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses.”

 

3.                Feeling aggrieved therefrom, appellant-O.P has preferred the present appeal.

4.               The arguments have been advanced at length by Sh. Gopal Mittal, learned counsel for the appellant. With his kind assistance the entire records of the appeal had been properly perused and examined.

5.                Learned counsel for the appellant vehemently argued that the appellant-O.P was proceeded against ex-parte by learned District Forum, vide order dated 16.11.2017, which is illegal because the complainant mentioned the wrong address of the appellant-O.P in the complaint. The address of the appellant mentioned in the heading of the complaint is totally wrong because the appellant has not having any office at the place as mentioned in the complaint. It has further argued that appellant had not received any notice from the office of learned District Forum. In fact, the address of Regional office of the appellant is at Plot no.24, Phase-9, Industrial Area, Mohali and address of appellant at Karnal office is National Seeds Corporation Limited, Plot No.425-426, Sector-3, Ext. NSC, Chowk, Industrial Area, Karnal-132001. It has been further argued that in order to get the exparte order and to defraud the appellant, the complainant deliberately mentioned the wrong address of the appellant and complaint was allowed vide impugned order dated 16.02.2018.  It has further argued that non appearance of the present appellant before learned District Forum was neither intentional nor willful, so the impugned order dated 16.02.2018 may be set-aside and  an opportunity may be given to the present appellant for filing its written statement, lead evidence and advancing final arguments on merits.

6.                From the perusal of record, it is clear that the present appellant-O.P was proceeded against ex-parte by the learned District Forum, Karnal vide order dated 16.11.2017 and thereafter complaint filed by the complainant was allowed vide order dated 16.02.2018. 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 appellant should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 16.02.2018 passed by learned District Forum, Karnal is set-aside for all intents and purposes and the present appeal stands allowed subject to payment of Rs.10,000/- as of costs to be paid before learned District Forum. The matter is remitted back to the District Forum, Karnal to decide the complaint on merits after affording an opportunity to present appellant to file its written statement and to lead respective evidence. The appeal be consigned to the record room.

7.                Parties are directed to appear before the District Forum, Karnal on 25.07.2019 for further proceedings. 

8.                Statutory amount of Rs.15,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

July   05^th, 2019                      Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl. Bench              

           

R.K.