STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                                                      Date of Instituion:20.02.2023

          Date of final hearing:01.03.2023

                                                Date of pronouncement: 01.03.2023

Revision Petition No.24 of 2023

IN THE MATTER OF

HDFC Bank Ltd., Branch Office, District Karnal, through its Branch Manager.

                                                                                      .….Petitioner.

Through counsel Mr. Sunil Narang, Advocate

Versus

1.      Smt. Sonia Wd/o Saheb Singh R/o Village-Golli, Tehsil Ballah, District Karnal.

2.    The Branch Manager, HDFC Life Insurance Company Ltd.,   Branch Office Shop No.R-11 to 13, 1^st, 2^nd Floor, Opp. Hotel My India G.T. Road, Panipat, Haryana.

3.    HDFC Life Insurance Company Ltd., 5^th Floor, ILFS Building, Plot No.C-22, G-Block, Bandra-Kurla Complex, Bandra (E), Mumbai-400051, through its Authorized person/signatory.

….Respondents.

CORAM:   S.C. Kaushik, Member.

Present:-    Mr. Sunil Narang, counsel for the petitioner.

O R D E R

PER: S.C. KAUSHIK, MEMBER:

                    As per order dated 04.03.2022 contained in letter No.594, I am conducting these proceedings singly.

                   Delay of 161 days in filing of the present revision petition is hereby condoned for the reasons stated in the application for condonation of delay.

2.                Present Revision Petition is preferred against the order dated  13.06.2022 and 10.11.2022 in Consumer Complaint No.93 of 2022, passed by the learned District Consumer Disputes Redressal Commission, Karnal, vide which the present petitioner-opposite party No.3 (‘OP’) was proceeded against ex-parte.

3.                The arguments have been advanced by Mr. Sunil Narang, learned counsel for the petitioner. With his kind assistance the entire revision petition had also been properly perused and examined.

4.                While unfolding the arguments Mr. Sunil Narang, learned counsel for the petitioner emphasized that on 13.06.2022, the complaint was fixed before learned District Commission, but learned counsel for present petitioner-OP No.3 could not appear because the petitioner-OP No.3 could not inform this information the concerned Advocate to be appointed by centralized legal team, as such he always remained in impression that advocate will appear and pursue the matter and accordingly due to lack of co-ordination with the Advocate concerned the present petitioner-opposite party No.3 was proceeded against ex-parte before learned District Commission. Thereafter, review application was also filed before the learned District Commission for setting aside the order dated 13.06.2022, but the same was also dismissed vide order dated 10.11.2022. He further argued that non appearance of present petitioner before the learned District Commission was neither intentional nor willful and further prayed that order dated 13.06.2022, passed by learned District Commission may be set aside and present revision petition may be allowed.

5.                In view of the above submissions and careful perusal of the entire record, it is true that ex-parte proceedings were initiated before learned District Commission against the OP No.3-present petitioner, 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 present petitioner-OP No.3 is afforded an opportunity to defend themselves before the learned District Commission. So, in these circumstances, orders dated 13.06.2022, passed by learned District Commission, Karnal, vide which ex-parte proceedings initiated against OP No.3- present petitioner is set-aside and the present revision petition is allowed without any order of costs. Let, the petitioner-OP No.3 be afforded an opportunity to appear before learned District Commission and to file its reply as well as to lead its evidence etc. thereafter, the complaint be decided on merits.

6.                The petitioner is directed to appear before the learned District Commission, Karnal on 04.05.2023 for further proceedings.

7.                This revision petition has been disposed of without issuing notice to the respondent with a view to imparting substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. In this regard, reliance can be placed on a Division Bench judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Versus Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27, 2002.

8.                Application(s), if any, is disposed off in terms of the aforesaid order.

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

10.              File be consigned to record room alongwith a copy of this order.

Pronounced on 01^st March, 2023

                                                                                                            S.C. Kaushik                                                                                                                        Member                                                                                                                                 Addl. Bench

J.Y.