Haryana

StateCommission

RP/38/2019

TATA MOTORS - Complainant(s)

Versus

SANJEEV KUMAR AND OTHERS - Opp.Party(s)

SHIV KUMAR

15 May 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.38 of 2019

 Date of Institution:25.04.2019

  Date of Decision:15.05.2019

 

Tata Motors, through its Regional Manager, SCO No.364-65-66, 2^nd Floor, Sector 34-A, Chandigarh-160034.

 

…..Revisionist.

Versus

 

1.      Mr. Sanjeev Kumar, S/o Sh. Banarasi, R/o Village Fatehpur, District Kaithal.

2.      Kalair Motors, through its owner/Manager, Ambala Road, Kaithal.

3.      Pragat Singh (Sales Executive0, C/o Kalair Motors, Ambala Road, Kaithal.

4.      Mahindra & Mahindra Finance Co. Ltd., Near Chattwal Hospital, Dhand Road, Kaithal through its Branch Manager.

5.      Kunal (Consultant Executive), C/o Mahindera & Mahindra Finance Co. Ltd., near Chattwal Hospital, Dhand Road, Kaithal.

 

…Respondents.

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                   Mrs. Manjula, Member.

                                     

Present:-    Mr.Shiv Kumar,  Advocate for the revisionist.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

1.                Present revision petition has been filed by the revisionist against the impugned order dated 11.03.2019 passed by learned District Consumer Disputes Redressal Forum, Kaithal (in short ‘learned District Forum’), vide which the present revisionist, who was opposite party No.5 (in short ‘O.P’) before learned District Forum, was proceeded against ex-parte.

2.                Feeling aggrieved therefrom, revisionist-O.P has preferred the present revision petition.

3.               The arguments have been advanced by Sh. Shiv Kumar, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition had been properly perused and examined.

4.                Learned counsel for the revisionist vehemently argued that the summons were issued the revisionist-O.P to the office of Regional Manager, Chandigarh, who after receiving the same sent to the DGM, legal, Gurugram for necessary action, but the dealing hand at Gurugram inadvertently by taking the aforesaid fact that the case has already been withdrawn vide order dated 14.12.2018 and he closed the case under the said impression. Thereafter, learned District Forum, Kaithal vide order dated 11.03.2019 proceeded the present revisionist-O.P against ex-parte. It has further argued that non appearance of the present revisionist before learned District Forum was neither intentional nor willful, so the impugned order dated  11.03.2019 may be set-aside and  an opportunity may be given to the present revisionist for filing written statement, lead evidence and advancing final arguments on merits.

5.                From the perusal of record, it is clear that the present revisionist-O.P was proceeded against ex-parte by the learned District Forum, Kaithal vide order dated 11.03.2019. However, it is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing itself before learned District Forum. Under these circumstances, impugned order dated 11.03.2019 passed by learned District Forum, Kaithal is set-aside for all intents and purposes and the present revision petition stands allowed subject to payment of Rs.10,000/- as of costs to be paid before learned District Fourm. The matter is remitted back to the District Forum, Kaithal to decide the complaint on merits after affording an opportunity to present revisionist to file its written statement and to lead respective evidence. The revision petition be consigned to the record room.

6.                Parties are directed to appear before the District Forum, Kaithal on 05.07.2019 for further proceedings. 

 

 

May   15^th, 2019                      Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl. Bench              

           

R.K.