Haryana

StateCommission

A/901/2017

ASHOK KUMAR PARJAPAT - Complainant(s)

Versus

HARYANA STATE TRANSPORT - Opp.Party(s)

IN PERSON

08 Sep 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    901 of 2017

Date of Institution:  31.07.2017

Date of Decision:    08.09.2017

 

 

Ashok Kumar Parjapat, resident of Village Mohalla, District Hisar -160017.

Appellant-Complainant

 

 

Versus

 

1.      Commissioner, Haryana State Transport, 30 bays building, Sector 17, Chandigarh-160017.

 

2.      General Manager, Haryana State Transport, Gururgram.

 

3.      Additional Chief Secretary & Finance Minister, Health Department, Haryana, New Secretariat, Sector 17, Chandigarh-160017.

 

Respondents-Opposite Parties

 

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

                   Shri Balbir Singh, Judicial Member.

      

 

Present:     Shri Ashok Kumar Parjapat, appellant in person

                              

                            

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated June 19^th, 2017 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      The appellant has stated that due to death in his neighborhood, he could not appear before the District Forum on June 19^th, 2017 and as such, the complaint was dismissed in default.

3.      Be that as it may and without delving deeper, no such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint.  Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

4.      This revision 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.  In this regard, reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High 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.

5.      The complainant is directed to appear before the District Forum on October 11^th, 2017.  The District Forum is further directed to issue notice to the parties and shall proceed in accordance with law.

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

  

 

Announced 08.09.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK