State Consumer Disputes Redressal Commission
Employees Provident Fund ... vs Sh. Mohar Singh. & Anr. on 4 September, 2019
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
Revision Petition No.: 47/2019
Date of Presentation: 17.07.2019
Date of Order : 04.09.2019
......
1. Employees Provident Funds Organisation
Community Center Bhavishya Nidhi Bhawan
8th Floor 28 Wazirpur Industrial Area
New Delhi-110052.
2. Employees Provident Funds Organisation
Block No. 34, 1st & 2nd Floor Block No. 34
Bhavishya Nidhi Bhawan SDA Complex Kasumpti
Shimla-171009.
...... Revisionists/opposite parties.
Versus
1. Mohar Singh S/o Sh. Budh Ram
R/o Village Davel Tikkari P.O. Kujji
Tehsil Pachhad District Sirmour H.P.
......Non-revisionist/complainant
2. Orion Security Solutions
Plot No. 5-E 1st Floor Jungi House Shahpur Jat
New Delhi through its Manager/
Authorised Representative Major Ashutosh Jha.
......Non-revisionist/Opposite party.
Coram
Hon'ble Justice P.S. Rana (R) President
Hon'ble Ms.Sunita Sharma Member
Hon'ble Mr. R.K.Verma Member
Whether approved for reporting?1 Yes.
For Revis ionists : Mr. Shashi Bhushan Advocate
For Non-revision ist No.1 : Mr. Mohar Singh Non-revisionist
No.1 is present in person.
For Non-revision ist No.2 : E x-parte.
1
Whether reporters of the local papers may be allowed to see the order? Yes.
Employees Provident Funds Organization & Ors. Vs. Sh. Mohar Singh & Ors.
R.P. No.47/2019
JUSTICE P.S. RANA (R) PRESIDENT :
O R D E R:-
1. Present revision petition is filed by revisionists/opposite parties against interim order dated 26.06.2019 passed by learned District Consumer Commission Solan (H.P) in consumer complaint No.25/2019 titled Mohar Singh Versus Employees Provident Funds Organisation & Ors. wherein learned District Consumer Commission did not take on record version of opposite parties on the ground that version not filed within 45 (Forty five) days from the date of service stipulated under Consumer Protection Act.
2. As per registry report non-revisionist No.2 is served. None appeared on behalf of non-revisionist No.2 despite service. Non-revisionist No.2 is proceeded ex-parte.
3. Mr. Mohar Singh Non-revisionist No.1 submitted before State Commission that he has no objection if revision petition is allowed subject to payment of costs. Separate statement of non- revisionist recorded and placed on record.
4. Matter relating to taking version after expiry of 45 (Forty five) days is lis pendens before Hon'ble Constitutional Bench of Hon'ble Apex Court of India as of today. During the pendency of lis pendens issue before Hon'ble Apex Court of India Hon'ble Apex Court and Hon'ble National Commission have allowed opposite party to file version beyond 45 (Forty 2 Employees Provident Funds Organization & Ors. Vs. Sh. Mohar Singh & Ors. R.P. No.47/2019 five) days from the date of service. See 2017 (2) CPR 592 NC titled Neptune Venture Developers (P) Ltd. versus Shailash Tripathi. See Civil Appeal No. 2365 of 2017 decided on 10.02.2017 by Hon'ble Apex Court of India titled Reliance General Insurance Company Ltd. & others versus M/s Mapee Timbers & Hardware Pvt. Ltd. & others.
5. State Commission is of opinion that it is expedient in the ends of justice and on principles of natural justice to allow opposite parties to file version before learned District Consumer Commission after expiry of 45 (Forty five) days subject to costs in view of rulings cited supra. State Commission is of opinion that no prejudice will be caused to complainant because due opportunity will be granted to complainant to adduce evidence and address arguments before learned District Consumer Commission and complainant will be compensated with costs. In view of above stated facts revision petition is allowed and interim order passed by learned District Consumer Commission is set aside and revisionists are allowed to file version before learned District Consumer Commission after expiry of 45 (Forty five) days subject to payment of costs to the tune of Rs.10000/- (Ten thousand). Revisionists shall pay costs to complainant before learned District Consumer Commission.
6. Be listed before learned District Consumer Commission Solan (H.P) on date 26.09.2019. Observations 3 Employees Provident Funds Organization & Ors. Vs. Sh. Mohar Singh & Ors. R.P. No.47/2019 shall not effect merits of consumer complaint in any manner. Learned District Consumer Commission shall dispose of consumer complaint within two months after receipt of copy of order because proceedings under Consumer Protection Act are time bound proceedings. Learned District Consumer Commission shall issue notices to learned Advocates engaged by the parties before learned District Consumer Commission. Certified copy of order be sent to learned District Consumer Commission (H.P) forthwith for compliance and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of costs. Revision petition is disposed of. Pending application(s) if any also disposed of.
Justice P.S. Rana (R) President Sunita Sharma Member R.K.Verma Member.
04.09.2019 *SS* 4