STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                                                         Date of Instituion:09.05.2023

              Date of final hearing:23.05.2023

                                                Date of pronouncement: 23.05.2023

Revision Petition No.46 of 2023

IN THE MATTER OF

United India Insurance Co. Ltd. Branch Office: Floor No.1, Jagadhri Road, Near Telephone Exchange, Yamuna Nagar through its D.M./Branch Manager:

Now through Deputy Manager, Unitied India Insurance Company Ltd., SCO No.123-124, Sector-17, Regional Office, Chandigarh.

                                                                                      .….Petitioner.

Through counsel Mr. Ram Avtar, Advocate

Versus

Kulwant Singh S/o Shri Kartar Singh, R/o Village Rajpura, Tehsil Jagadhri, District Yamuna Nagar presently R/o Jammu Basti-B, Behind Gadwali Dharamshala, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar.                          

                                                                                              ….Respondent

CORAM:   S.P. Sood, Judicial Member.

Present:-    Mr. Ram Avtar, counsel for the petitioner.

O R D E R

PER: S.P. SOOD, JUDICIAL MEMBER:

                   Present Revision Petition is preferred against the order dated 05.04.2023 in Consumer Complaint No.290 of 2020, passed by the learned district consumer Disputes Redressal Commission, Yamuna Nagar, vide which the present petitioner-opposite party (‘OP’) was proceeded against ex-parte.

3.                The arguments have been advanced by Mr. Ram Avtar, learned counsel for the petitioner. With his kind assistance the entire revision petition had also been properly perused and examined.

4.                While unfolding the arguments Mr. Ram Avtar, learned counsel for the petitioner emphasized that on 05.04.2023, the complaint was fixed before learned District Commission, Yamuna Nagar but learned counsel for present petitioner-OP could not appear before the learned District Commission, due to unavoidable circumstances and thereafter learnt that the petitioner-OP was proceeded against ex-parte on 05.04.2023. Thereafter, an application was also filed before the learned District Commission for setting aside the order dated 05.04.2023, but the same was also dismissed vide order dated 21.04.2023. He further argued that non-appearance of present petitioner-OP before the learned district commission was neither intentional nor willful rather it was for some reasons beyond his control and further prayed that order dated 05.04.2023, passed by learned district commission may please be set aside and present revision petition may be allowed.

5.               In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated before learned district commission against the present petition-OP, but, it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the present petitioner-OP is afforded an opportunity to defend themselves before the learned district commission. So, in these circumstances, order dated 05.04.2023, passed by learned district commission, Yamuna Nagar, vide which ex-parte proceedings initiated against present petitioner- OP is set-aside and the present revision petition is allowed subject to depositing of Rs.2,000/- as of costs to be paid by the present revisionist to the complainant before learned district commission, Yamuna Nagar. Let, the present petitioner-OP be afforded an opportunity to appear before learned District Commission and to file its reply as well as to lead its evidence etc. thereafter, the complaint be decided on merits.

6.                The petitioner is directed to appear before the learned District Commission, Yamuna Nagar on 10.07.2023 for further proceedings.

7.                This revision petition has been disposed of without issuing notice to the respondent with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent 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 Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

8.                Application(s), if any, is disposed off in terms of the aforesaid order.

9.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

10.              File be consigned to record room alongwith a copy of this order.

Pronounced on 23^rd May, 2023

                                                                                                            S.P. Sood                                                                                                                             Judicial Member                                                                                                                 Addl. Bench-1