Haryana

StateCommission

RP/10/2019

BHARAT PETROLEUM CORPORATION LTD. - Complainant(s)

Versus

MAYA RANI AND ANOTHER - Opp.Party(s)

AMAN ARORA

08 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.10   of 2019

 Date of Institution:29.01.2019

  Date  of  Decision:08.02.2019

 

Bharat Petroleum Corporation Ltd. through Territory Manager, Hissar.

…..Petitioner

Versus

 

1.      Maya Rani w/o Sh. Sh.Desh Raj r/o H.No.465 (2740/2), Kajiwara, Ambala City.

…..Respondent

 

2.      M/s Anand Gas Service # 86, Amba Market, Opp. Vijay Cinema, Ambala City through its authorized signatory.

…..Performa Respondent

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member

                   

Present:-    Mr.Vishal Madan Advocate for the petitioner.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           

          Revision Petition is preferred against the order dated  27.11.2018 in complaint No.332 of 2018 passed by the learned District Consumer Disputes Redressal forum, Ambala vide which   O.P.No.2 was  proceeded ex parte.

 

2.      The argument has been advanced by Sh.Vishal Madan, the learned counsel for the petitioner. With their kind assistance the original file including whatever the evidence has been led on behalf of  revisionist had also been properly perused and examined.

3.      While unfolding the arguments it has been argued by Mr.Vishal Madan, the learned counsel for the revisionist that  O.P.No.1intimated the officials of petitioner about ex parte order dated 27.11.2018. The petitioner immediately engaged the counsel Sh.Naresh Gupta and instructed him to appear in the above mentioned case, but, learned District Forum has refused to entertain the application for setting aside ex parte order and advice to approach the State Commission for setting aside the ex parte order dated 27.11.2018.  The certified copy was received on 14.01.2019, thereafter the petitioner engaged the counsel for filing the revision petition.  The non-appearance of the O.P No.2 on 27.11.2018 was neither intentional, even the case was at initial stage for filing reply of O.P.No.1.  Learned counsel for the revisionist prayed that  ex parte proceeding dated 27.11.2018 may be set setting aside .

4.        In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceeding was initiated against O.P.No.2, 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-O.P.No.2 is afforded an opportunity to defend itself before the learned District Forum, so in these circumstances, ex parte  proceeding dated 27.11.2018 initiated against  O.P.No.2-petitioner is set aside subject to the payment of Rs.5000/- as costs.  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 Forum, Ambala on  13.03.2019 for further proceedings.

 

 

February 08th, 2019                      Ram Singh Chaudhary,                                                                           Judicial Member                                                                                       Addl.Bench                 

S.K.