Haryana

StateCommission

RP/30/2022

BANK OF BARODA - Complainant(s)

Versus

KUSUM LATA - Opp.Party(s)

NISHANT BADHRAN

30 May 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.30  of 2022

 Date of Institution:18.05.2022

  Date  of  Decision:30.05.2022

 

Bank of Baroda, Ugala, District Ambala, Haryana.

…..Petitioner

Versus

 

1.      Kusum Lata w/o Sh. Sanki, R/o village Berthala, Post office Lakhmari, Tehsil Ladwa, District Kurukshetra, Haryana.

 

2.      Department of Agriculture and Farmers Welfare, Sector-7, Shahid Major Nitin Bali Marg, Urban Estate, Kurukshetra through its Deputy Director.

 

3.      Oriental Insurance Company Limited, Regional Office, LIC Building, 2^nd Floor, Jagadhri Road, Ambala Cantt. Through its Regional Manager.

…..Respondents

 

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. S.C. Kaushik, Member

                   

Present:-    Mr.Ravi Kant, Advocate for the petitioner.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

           

                    Revision Petition is preferred against the order dated  08.09.2020 in Consumer Complaint No.142 of 2020, passed by the learned District Consumer Disputes Redressal Commission, Kurukshetra, vide which the present petitioner-opposite party No.3 (Bank of Baroda) was  proceeded ex parte.

2.                The argument has been advanced by Sh. Ravi Kant, learned counsel for the petitioner. With his kind assistance the revision petition had also been properly perused and examined.

3.                While unfolding the arguments it has been argued by Mr. Ravi Kant, the learned counsel for the petitioner that the present petitioner-OP No.3 engaged the counsel in the complaint before learned District Commission, but the counsel engaged by OP No.3 did not appear because he was out of India at that time. Later on it came to know that the present petitioner (OP No.3 before learned District Commission) was proceeded ex-parte vide order dated 08.09.2020 and thereafter new counsel was engaged by the petitioner, who filed an application before learned District Commission for setting aside the ex-parte order, but the same was dismissed by the learned District Commission vide order dated 21.12.2021. He further argued that non appearance before the learned District Commission was neither intentional nor willful and further prayed that ex-parte proceeding dated 08.09.2020 may be set setting aside and present revision petitioner may be allowed.

4.                In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceeding was initiated against opposite party No.3, 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 revisionist-OP No.3 is afforded an opportunity to defend itself before the learned District Commission. So, in these circumstances, ex parte  proceeding dated 08.09.2020 initiated against  O.P No.3-petitioner is set aside and the present revision petition is allowed. Let, the petitioner be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

5.                The parties are directed to appear before the learned District Commission, Kurukshetra on 13.06.2020 for further proceedings.

6.                This revision petition has been disposed of without issuing notice to the respondents 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.

7.                Copy of this order be sent to the District Commission, Kurukshetra.

 

 

30^th  May, 2022         S.C. Kaushik                                    S. P. Sood                                                                Member                                             Judicial Member                

                                    Addl. Bench                                     Addl. Bench

 

R.K.