State Consumer Disputes Redressal Commission
M/S National Heavy Electic Coop. vs Wg.Cdr.Pran Kaul on 3 May, 2017
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No. 501 of 2017 Date of Institution: 21.04.2017 Date of Decision: 03.05.2017 National Heavy Electric Corporation Plot No.56, Bhagwati Industrial Area, Jindpu Road, Alipur, Delhi. Appellant-Opposite Party Versus Wg. CDR Pran Kaul (Retd.) VSM, President of Hamilton Court, Windsor Court and Regency Park-II Condominium Association Windsor Court, DLF City, Phase-IV, Gurgaon. Respondent-Complainant CORAM: Hon'ble Mr. Justice Nawab Singh, President. Mr. Balbir Singh, Judicial Member. Present : Mr. Pankaj Kishore Gupta, counsel for the appellant-opposite party. O R D E R
NAWAB SINGH J, (ORAL) By filing this appeal, National Heavy Electric Corporation-opposite party has challenged the order dated March 02nd, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short 'District Forum') whereby its defence was struck off for non-filing of written version on the ground that the appellant did not give it's version of the case within a period of forty five days.
2. Learned counsel for the appellant has urged that impugned order be set-aside and appellant be granted opportunity to file written version and contest the case on merits. The next date of hearing before the District Forum is May 05th, 2017 for recording evidence of the complainant.
3. In Reliance General Insurance Company Limited and another versus M/s Mampee Timbers and Hardware Private Limited and another, D.No.2365 of 2017 decided on February 10th,2017, Hon'ble Supreme Court has held as under:-
"We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter".
4. In this view of the matter, this appeal is allowed and the impugned order is set-aside subject to conditional cost of Rs.3,000/- to be paid to the complainant. Consequently, the appellant is accorded opportunity to file written version on the date fixed before the District Forum.
5. This appeal is disposed of without issuing notice to the respondent with a view to impart 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 Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27th, 2002.
6. Copy of this order be sent to the District Forum.
Announced:
03.05.2017 (Balbir Singh) Judicial Member (Nawab Singh) President D.R.