Per Shri A.Z.Khwaja, Hon’ble Judicial Member.
1) Petitioner Nos.1 and 2 who claim to be the Chairman, Country Club Vacation Hospitality and Holiday Ltd. have preferred the present Revision Petition challenging the impugned order dated 23/04/2019 and 26/02/2019, passed by the learned District Consumer Dispute Redressal Forum at Nagpur in Consumer Complaint No.675/2018, whereby the learned District Consumer Forum Nagpur proceeded ex-parte against the present petitioners.
2) Short facts leading to the filing of present revision petition may be narrated as under :-
3) Non applicant No.1 Rekha Ramkrishna Gandhewar claims to be wife of non applicant No.2 Ramkrishna Gandhewar were resident of Surendra Nagar, Nagpur. Non applicant Nos.1 and 2 had preferred Consumer Complaint against the present petitioners alleging that they had entered in to an agreement and also availed the partnership card for securing certain benefits and facilities offered by the present petitioners. Non applicant Nos.1 and 2 have also alleged that the present petitioners had indulged in deficiency in service and so non applicants had also claimed compensation and litigation cost for physical and mental harassment.
3) After filing of the complaint, notices came to be issued on 22/11/2018. Petitioners have claimed that they were always ready to file written statement but on 23/04/2019 the representative of the petitioners reached at 12.30 P.M., but before that the learned District Consumer Forum Nagpur passed an order and proceeded ex-parte against the present petitioners. Against this impugned order dated 23/04/2019 as well as one similar order dated 26/02/2019 the petitioners have come up in revision.
4) After filing of the revision petition notices cames to be issued to respondent Nos.1 and 2 and they have duly appeared through their advocate Anit Gupta.
5) We have heard Shri Ritesh Badhe, learned advocate for the petitioners as well as Anit Gupta learned advocate for respondent/complainants. Shri Ritesh Badhe, learned advocate for the petitioners has submitted that after notice came to be issued on 22/11/2018 to the petitioners, the petitioners were ready with the written statement. When the matter was fixed on 23/04/2019 petitioners were also supposed to file written statement on record and the matter was listed at serial No.59 but representative of the petitioners reached the Consumer Forum by 12.30 P.M., but before that the learned District Consumer Forum Nagpur had passed an order proceeding ex-parte against the petitioners. Shri Ritesh Badhe, learned advocate has submitted that by not getting opportunity to file the written statement, the petitioners will lose an opportunity to defend the matter on merits. Further the petitioners were always diligent in trying to file the written statement.
6) Anita Gupta, learned advocate for the respondent has strongly opposed the said submissions and has denied that the petitioners were diligent in filing the written statement. Advocate Anita Gupta has submitted that the petitioners were always aware of the date of filing of written statement and so petitioners were not entitled for any relief. She also defended the order.
7) We have carefully gone through the copy of petition as well various documents on record and also impugned order passed by the learned District Consumer Forum Nagpur on 23/04/2019. We have also taken note of the submissions made by advocate Ritesh Badhe that the petitioners were ready to file written statement on the same date i.e. on 23/04/2019. But it seems that the learned District Consumer Forum Nagpur has not taken note of these aspects and passed order. In any case we are of the view that the petitioner Nos.1 and 2 were entitled to get an opportunity to defend the complaint filed by non applicants on merits by filing written statement and after adducing their respective evidence and so we feel that it is necessary to set aside the impugned orders dated 26/02/1019 and 23/04/2019. We therefore proceed to pass the following order.
// ORDER //
- Revision petition is hereby allowed.
- Orders passed by the learned District Consumer Forum Nagpur in Consumer Complaint No.675/2018 Dt. 26/02/1019 and 23/04/2019 are hereby set aside and petitioners are permitted to file their written statement and take part in the proceedings.
- Petitioners and respondents shall bear their own cost.
- Copy of this order be supplied to both parties free of cost.
