Haryana

StateCommission

RP/8/2019

AGRI BUSINESS AND ANOTHER - Complainant(s)

Versus

RANBIR - Opp.Party(s)

RAJESH VERMA

30 Jan 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.08   of 2019

 Date of Institution:18.01.2019

  Date  of  Decision:30.01.2019

 

1.      Area Manager Agri Business, Bajaj Allianz General Insurance Co. Ltd., Chandigarh, 150/156, Sector 9-C, Madhya Marg, Chandigarh.

Through its authorised person Sh.Jai Singh Bajaj Allianz General Insurance Ltd., SCO 156-159, 2^nd Floor, Sector9-C,Chandigarh.

2.      Branch Manager, Allahabad Bank, Branch G.T. Road, Fatehabad,Tehsil and District Fatehabad.

…..Petitioner

Versus

 

Ranbir s/o Sh. Sh.Nok Ram R/o Dhangar,Tehsil and Distt. Fatehabad.

…..Respondent

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member

                    Mrs.Manjula, Member

                   

Present:-    Mr.Rajesh Verma Advocate for the petitioner.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           

          Revision Petition is preferred against the order dated  10.01.2019 in complaint No.302 of 2018 passed by the learned District Consumer Disputes Redressal forum, Fatehabad vide which   O.P.No.1 was  proceeded ex parte.

 

2.      The argument has been advanced by Sh.Rajesh Verma, 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.Rajesh Verma, the learned counsel for the revisionist that learned District Forum wrongly declared the ex parte proceedings against O.P.No.1 for its non appearance. The learned District Forum has also taken wrong presumption of service against O.P.No.1-petitioner. Learned counsel for the revisionist prayed that  ex parte proceedings dated 10.01.2019 may be set setting aside  and allowing the O.P.No.1 to file the written statement and the matter may be relegated to the learned District Forum to decide the complaint afresh.

4.        In view of the above submissions and careful perusal of the entire record, it is true that ex parte proceedings were initiated against O.P.No.1, 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.1 is afforded an opportunity to defend itself before the learned District Forum, so in these circumstances ex parte  proceedings dated 10.01.2019 initiated against  O.P.No.1-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, Fatehabad on  06.02.2019 for further proceedings.

 

 

January 30th, 2019     Manjula               Ram Singh Chaudhary,                                              Member               Judicial Member                                                          Addl. Bench          Addl.Bench                 

S.K.