STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, JHAJJAR

Date of Institution: 21.10.2024

                                                         Date of final hearing: 20.11.2024

Date of pronouncement: 20.11.2024

Revision Petition No.82 of 2024

1. Estate Officer, Bgrh. HSVP (Haryana Shahari Vikas Pradhikaran), Earlier termed as: HUDA (Haryana Urban Development Authority) at Polyclinic Building, Sector 9-A, Bahadurgarh, Jhajjar-12410, Haryana, India.
2. Chief Administrative Officer, HSVP (Haryana Shahari Vikas Pradhikaran), Earlier termed as: HUDA (Haryana Urban Development Authority) at C-3, HUDA Complex, Sector-6, Panchkula, Haryana, India.

                           .….Petitioners

Versus

Ram Niwas Singla S/o Late Sh. Mussaddi Lal, R/o H.No. 157, Ward No. 19, Chowk Jahanara Bagh, Near Power House, Jhajjar, Haryana-124103.                                                                           ….Respondent

CORAM:             Sh. Naresh Katyal, Judicial Member.

                             Sh. S.C. Kaushik, Member. 

Present:-              Mr. Aarush Neeraj Vaid, counsel for petitioners.

O R D E R

PER: NARESH KATYAL, JUDICIAL MEMBER:

                   Delay of 644 days in filing of revision petition stands condoned for the reasons stated in the application seeking condonation of delay and accompanying affidavit which constitute ‘sufficient cause’ within the ambit of Section 5 of Limitation Act.  

2.       In this revision petition; petitioners/HSVP (OPs in complaint) has invited challenge against order dated 16.08.2022 passed by learned District Consumer Disputes Redressal Commission-Jhajjar vide which filing of written statement on behalf of petitioners/OPs has been dispensed with, by observing simultaneously that statutory period of 45 days for filing written statement has already expired. Keeping in view the text of revision petition this Commission does not deem it necessary to issue notice of it to complainant as it would unnecessary delay the disposal of main complaint and instead would save the parties to this lis with the burden of unnecessary expenses.

3.       Learned counsel for petitioners/HSVP has urged that delay in filing of written statement on behalf of petitioners/OPs before learned District Consumer Commission was neither intentional nor it was accentuated by any mala-fide and revisionists/HSVP has not gained anything by not filing written statement. It is urged that now permission be granted to petitioners herein to tender defense/written version by putting appearance before learned District Consumer Commission, on date fixed before it, by setting aside order dated 16.08.2022. Further, it is contended that main complaint is still pending before learned District Consumer Commission-Jhajjar.

4.       On analyzing above contentions and while keeping in view the contention of learned counsel for petitioners/HSVP that main complaint is still pending before learned District Consumer Commission-Jhajjar, therefore, this Commission is of firm opinion that no prejudice would be caused to complainant (Ram Niwas Singla) in case petitioners/HSVP is now allowed to join proceedings of complaint case and to tender its defense/written statement. While observing so, this Commission is conscious of well settled legal adage that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same. Further, in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward his/her/its case in a meaningful manner.  This would also enable the learned District Consumer Commission to impart substantial justice to the parties by adjudicating the lis before it, on its relative merits, in the light of pleas/evidence of both parties.

5.       In view of above, this revision petition is allowed and impugned order dated 16.08.2022 passed by learned District Consumer Commission, Jhajjar in Complaint Case No.128 of 2022 titled as Ram Niwas Singla Vs. HSVP & Another is hereby set aside. Petitioners herein (HSVP-OPs in Complaint Case No. 128 of 2022) would now appear before learned District Consumer Commission-Jhajjar on 03.12.2024, either through its authorized representative or through counsel and would also file its written version/written statement on that day (03.12.2024), itself. Thereafter, learned District Consumer Commission-Jhajjar would proceed ahead with the complaint as per law.

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

7.       File be consigned to record room.                                               

Date of pronouncement: 20^th November, 2024.

                                            S.C. Kaushik               Naresh Katyal        

                                            Member                        Judicial Member

                                            Addl. Bench                Addl. Bench