Chandigarh

StateCommission

RP/32/2019

Tata Motors - Complainant(s)

Versus

Manoj Apreja - Opp.Party(s)

Shiv Kumar and Ivan Singh Khosa Adv.

30 Oct 2019

ORDER

MA/791/2019

                    This application has been filed by the revision petitioner/Opposite Party No.1 for condonation of delay of 100 days, in filing the revision petition. 

              Notice of this application was issued to the respondent/complainant on the previous date.

              Today, Sh.Pankaj Chandgothia, Advocate has put in appearance on behalf of the respondent/complainant.

              Heard on the application for condonation of delay.

              Counsel for the respondent/complainant has submitted that he has no objection if the delay, aforesaid, is condoned, subject to some cost.

               For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned, subject to payment of Rs.1,000/- as costs to be paid by the revision petitioner/Opposite Party No.1 before the Forum to the respondent/complainant.

              Accordingly, this application stands disposed of.

 

MA/792/2019

                This application has been filed by the revision petitioner for staying the operation of the impugned order dated 30.10.2019 passed by District Forum-II, UT, Chandigarh.

RP/32/2019

                  

                   This revision petition has been filed by the revision petitioner/Opposite Party No.1, against the order dated 11.04.2019 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh, vide which, Opposite Party No.1 was proceeded against exparte.

              Notice of the revision petition was issued to the respondent/complainant on the previous date.

              Service is complete.

              Sh. Pankaj Chandgothia, Advocate has put in appearance on behalf of the respondent/complainant by filing his vakalatnama, which is taken on record.

              Record of District Forum-II, UT, Chandigarh transpires that memorandum of appearance filed by Sh.Ivan Singh Khosa, Advocate, Counsel for Opposite Party No.1 on 05.02.2019 but thereafter, he did not appear, as such, Opposite Party No.1 was proceeded against exparte vide order dated 11.04.2019.

              Counsel for the respondent/complainant has submitted that he has no objection if this revision petition is allowed and Opposite Party No.1 be allowed to join the proceedings before the Forum and impugned order be set aside subject to payment of cost.

              Even there is no cogent reason for non appearance on behalf of the revision petitioner/Opposite Party No.1 before the Forum. However, Opposite Party No.1 be provided an opportunity of being heard and he has a right to appear at this stage and file reply and evidence/affidavit before the Forum.

              Keeping in view the facts and circumstances of the case, this revision petition is allowed. Order, referred to above, is set aside to the extent ordering exparte proceeding against the revision petitioner.

              In view of allowing this revision petition and setting aside the impugned order dated 11.04.2019, the application i.e. bearing No.792 of 2019 for staying the operation of the impugned order dated 30.10.2019 passed by District Forum-II, UT, Chandigarh is infructuous.

              Parties are directed to appear before the concerned Forum on 11.11.2019.

              Counsel for the revision petitioner undertakes to file reply and evidence/affidavit within two weeks from today in the registry of the Forum, with advance copy to the Counsel opposite. 

              Order passed is subject to payment of Rs.2,000/- as cost. Let amount of cost i.e. (Rs.1,000/- + Rs.2000/- = Rs.3,000/-) be paid by the Revision Petitioner to the respondent/complainant on the next date before the Forum.

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

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

              File be consigned to the Record Room after completion.