Chandigarh

StateCommission

RP/45/2015

M/s Ansal Lotus Melange Projects P Ltd. - Complainant(s)

Versus

Jatinder Pal Singh - Opp.Party(s)

Kashika Kaur,Adv.

21 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Revision Petition No.	:	45 of 2015
Date of Institution	:	23.11.2015
Date of Decision	:	21.12.2015

 

 

1. M/s Ansal Lotus Melange Projects (P) Ltd. through its Sr. General Manager having its registered Branch Office at SCO No.183-184, Sector – 9C, Madhya Marg, through its Authorized Representative.
2. M/s Ansal Lotus Melange Projects (P) Ltd., through its Managing Directors/Authorized Signatories having its Registered Head Office at 1/18B, Aif Ali Road, New Delhi – 110002 through its Authorized Representative.

……Petitioners.

Versus

Jatinder Pal Singh son of Late Sh. Karnail Singh resident of H.No.308, Chinar Apartments, Peer Muchalia, Zirakpur, State Mohali, Punjab.

….Respondent.

Revision Petition under Section 17(1)(b) of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Gaurav Chopra, Advocate for the Revision Petitioners.

 

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

            Service is complete.

2.         Sh. Sukhwinder Singh, Advocate has put in appearance on behalf of the respondent and filed his memorandum of appearance, which is taken on record.

3.         This Revision Petition has been filed impugning order dated 14.10.2015 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short Forum) vide which, for non-appearance, the Revision Petitioners were ordered to be proceeded against exparte.

4.         It is stated by Sh.Gaurav Chopra, Advocate, Counsel  for the Revision Petitioners that non appearance was not deliberate and has occurred on account of some miscommunication qua date fixed. Prayer is to set aside the impugned order and allow the Revision Petitioners to put in appearance before the Forum and file their reply and evidence. He further states that reply is ready with him and it will be filed before the Forum on the date fixed i.e. 06.01.2016.

5.         To the prayer made, Sh.Sukhwinder Singh, Advocate, Counsel for the respondent/complainant very graciously states that let the matter be heard by the Forum on merits. He further states that let the respondent be compensated for the loss of time and energy.

6.         In view of the consensus arrived at between the parties, we allow this Revision Petition. The order under challenge is set aside. The matter is remitted to the Forum for adjudication on merits. Revision Petitioners are directed to file their reply and evidence etc. on the date fixed before the Forum. Order passed is subject to payment of cost of Rs.7,000/- by the Revision Petitioners to the respondent/complainant. Cost be paid on the next date of hearing before the Forum.

7.         The Revision Petitioners shall appear before the Forum on the date fixed i.e. 06.01.2016.

8.         Certified copies of this order be sent to the parties, free of charge.

9.         Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

10.        File be consigned to the Record Room after completion.

Pronounced

December 21, 2015.

                       

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

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