STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 21.12.2018

                                                         Date of final hearing: 18.10.2024

Date of pronouncement: 18.10.2024

First Appeal No.1366 of 2018

IN THE MATTER OF:-

Arun Gupta aged 63 years, S/o Sh. Hari Ram Gupta, R/o H. No. 192, Sector-13, Urban Estate, Karnal.                                          …..Appellant

Versus

1.      Rahul Pam Pvt. Ltd. 118-119 Milestone, NH1 G.T. Road, Sector-14, Urban Estate Karnal through its authorized signatory.

2.      Honda Motor Cycle & Scooter India Pvt. Ltd., Regional Office, A-105, 1^st Floor, IRIS Tech Park Sector-48, Sohna Road, Gurgaon-122018 through his authorized signatory.

…..Respondents

CORAM:              Sh. Naresh Katyal, Judicial Member.

                             Sh. S.C. Kaushik, Member.

Argued by:-        Mr. Rohit Goswami, counsel for appellant.

Mr. Bhupender Singh, counsel for respondent No. 1.

None for respondent No.2.

                                                ORDER

NARESH KATYAL, JUDICIAL MEMBER:

                    Order dated 06.12.2018 passed by learned District Consumer Disputes Redressal Commission-Karnal in Complaint No. 331 of 2017 has been questioned by complainant in this appeal, vide which his complaint has been dismissed in default.

2.                Learned counsel appearing for appellant/complainant has urged that since lis between the parties has not been decided so far on merits, therefore, impugned dated 06.12.2018 has the legal effect of non-suiting appellant/complainant without adjudicating his cause projected in complaint on merits. It is urged that no prejudice would be caused to opposite parties, in case, impugned order dated 06.12.2018 is set aside and direction be issued to learned District Consumer Commission-Karnal to decide the controversy involved in the complaint, on merits.  

3.                Learned counsel appearing for respondent No. 1 could not put forward any meaningful submission thereby justifying the impugned order dated 06.12.2018, except urging that since nobody had appeared on behalf of complainant on given date (06.12.2018) therefore, learned District Consumer Commission had no other option, but to non-suit complainant owing to his non-appearance.

4.                After analyzing the above rival submissions; this Commission is of view that: it is well settled legal adage by now that cause between the parties must be decided on merits and same must not be thrown overboard on mere technicalities. In any case, it has not been shown to this Commission that complainant was repeatedly and habitually absenting himself in the proceedings of complaint, on previous dates as well, therefore, no mala fide on the part of appellant/complainant are deciphered. Just for complainant’s/appellant’s non-appearance on one date (06.12.2018); learned District Consumer Commission-Karnal should not have adopted a harsh approach against him. No prejudice would be suffered by opposite parties, in case, original complaint is permitted to be disposed off, as per law, on its merits after analyzing rival parties’ case. In these circumstances, impugned order dated 06.12.2018 is hereby set aside. Complaint No. 331 of 2017 titled as Arun Gupta Vs. Rahul Pam Pvt. Ltd. and another is ordered to be restored to its original number subject to payment of Rs.2,500/- (Two Thousand Five Hundred Only) as cost, to be deposited by complainant/appellant with District Legal Service Authority-Karnal. Receipt regarding payment of cost would be produced before learned District Consumer Commission-Karnal on the day, when parties to this lis would now appear before it again, on the force of this order. This appeal is allowed in above terms. Parties to this lis are directed to appear before learned District Consumer Commission-Karnal on 18.11.2024, either in person, or through their respective representative. Since the original complaint is of the year 2017, therefore, learned District Consumer Commission-Karnal would endeavor to dispose it of on merits, expeditiously.

5.                Application(s) pending, if any stand disposed of in terms of the aforesaid judgment.

6.                Copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

7.                Appeal file be consigned to record room.

Date of pronouncement: 18^th October, 2024.

                                                S.C. Kaushik               Naresh Katyal  

                                               Member                        Judicial Member

Addl. Bench                Addl. Bench