State Consumer Disputes Redressal Commission
Walideen vs Shri Ram Transort Finance Co. And Others on 29 May, 2015
Daily Order Heading1 Heading2 First Appeal No. A/222/2015 (Arisen out of Order Dated 06/01/2015 in Case No. 624/2010 of District Yamunanagar) 1. WALIDEEN S/O SALAMUDEEN, VILLAGE RATAULE, SUB TEHSIL SADHAURA TEHSIL BILASPUR DISTT.YAMUNA NAGAR ...........Appellant(s) Versus 1. SHRI RAM TRANSORT FINANCE CO. AND OTHERS BRANCH OFFICE, NEAR RAGHUNATH MANDIR, JAGADHRI ROAD, YAMUNA NAGAR THR.B.M. 2. SHRI RAM TRANSPORT FINANCE CO.LTD. SHRIRAM HOUSE-7, LOCAL SHOPPING CENTRE, SECTOR C POCKET 6 & 7, OPPOSITE D.P.S. VASANT KUNJ, NEW DELHI THR M.D. 3. SAWAMI AUTOMOBILES ZIRAKPUR, PUNJAB THR M.D. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Nawab Singh PRESIDENT HON'BLE MR. B M Bedi JUDICIAL MEMBER HON'BLE MR. Diwan Singh Chauhan MEMBER For the Appellant: For the Respondent: ORDER STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA First Appeal No. 222 of 2015 Date of Institution: 09.03.2015 Date of Decision: 29.05.2015 Walideen son of Salamudeen, aged 45 years, resident of Village Ratauli, Sub Tehsil Sadhaura, Tehsil Bilaspur, District Yamuna Nagar (Haryana). Appellant-Complainant Versus 1.
Shriram Transport Finance Company Limited having its Branch Office near Raghunath Mandir, Jagadhri Road, Yamuna Nagar, through its Branch Manager.
2. Shriram Transport Finance Company Limited, Shriram House -7, Local Shopping Centre, Sector C, Pocket 6 & 7, Opposite D.P.S. Vasant Kunj, New Delhi 110070 through its Manager Director.
3. Sawami Automobiles Zirakpur, Punjab through its Proprietor/Managing Director.
Respondents-Opposite Parties CORAM: Hon'ble Mr. Justice Nawab Singh, President.
Mr. B.M. Bedi, Judicial Member.
Mr. Diwan Singh Chauhan, Member.
Present: Mr. Lavish Arora, Advocate for the appellant Mr. Amit Kumar, Advocate for the respondents O R D E R NAWAB SINGH J, (ORAL)
By filing the present appeal, Walideen-complainant has challenged the order dated January 06th, 2015 passed by District Consumer Disputes Redresssal Forum (for short 'District Forum'), Yamuna Nagar, whereby, the complaint was dismissed in default.
2. Complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 (for short 'the Act'), before the District Forum alleging deficiency in service on the part of the opposite parties (respondents herein).
3. Learned counsel for the petitioner has urged that he wrongly noted the date as February 26th, 2015 instead of January 06th, 2015 due to which he could not appear on the date fixed and complaint was dismissed in default.
4. He further urged that the impugned order be set aside and complaint be restored at its original number.
5. Justice is the goal of jurisprudence. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice. No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant.
6. Accordingly, the appeal is accepted and the order dated January 06th, 2015 is set-aside. The complaint is restored at its original number.
7. The parties are directed to appear before the District Forum on July 15th, 2015.
8. Copy of this order be sent to the District Forum.
Announced:
29.05.2015 (Diwan Singh Chauhan) Member (B.M. Bedi) Judicial Member (Nawab Singh) President UK [HON'BLE MR. JUSTICE Nawab Singh] PRESIDENT [HON'BLE MR. B M Bedi] JUDICIAL MEMBER [HON'BLE MR. Diwan Singh Chauhan] MEMBER