State Consumer Disputes Redressal Commission
M/S Daimler India Commercial Vehicles ... vs M/S Woodstock Laminates Ltd on 26 September, 2016
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Revision Petition No. : 33 of 2016 Date of Institution : 06.09.2016 Date of Decision : 26.09.2016 M/s Daimler India Commercial Vehicles Pvt. Ltd., 8B, SOPCOT, Industrial Estate, Oragadam Village Singaperumal Koli Road, Mattur (PO), Sriperumbadur Taluk, Kanchipuram, District Tamilnadu, Pin #602105 (India), through its authorized signatory. ......Revision Petitioner. Versus M/s Woodstock Laminates Limited, Plot No.213, Industrial Area, Phase-I, Chandigarh. Dhingra Trucking Private Limited, G.T. Road, NH-01, Village Bastara (Gharaunda), District Karnal-132114, (Haryana), Authorized dealer of Bharat Benz through its authorized signatory. The Secretary, State Transport Authority, U.T., Chandigarh. ....Respondents. Argued by: Sh. Binat Sharma, Advocate Proxy for Sh. Anil Kumar Sharma, Advocate for the Revision Petitioner. Ms. Anju Arora, Advocate for Respondent No.1. Revision Petition No. : 34 of 2016 Date of Institution : 06.09.2016 Date of Decision : 26.09.2016 Dhingra Trucking Private Limited, G.T. Road, NH-01, Village Bastara (Gharaunda), District Karnal-132114, (Haryana), Authorized dealer of Bharat Benz through its Managing Director. ......Revision Petitioner. Versus M/s Woodstock Laminates Limited, Plot No.213, Industrial Area, Phase-I, Chandigarh. M/s Daimler India Commercial Vehicles Pvt. Ltd., 8B, SOPCOT, Industrial Estate, Oragadam Village Singaperumal Koli Road, Mattur (PO), Sriperumbadur Taluk, Kanchipuram, District Tamilnadu, Pin #602105 (India), through its authorized signatory. The Secretary, State Transport Authority, U.T., Chandigarh. ....Respondents. Revision Petitions Under Section 17-B of the Consumer Protection Act, 1986. BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT. SH. DEV RAJ, MEMBER.
SMT. PADMA PANDEY, MEMBER.
Argued by:
Sh. Binat Sharma, Advocate Proxy for Sh. Anil Kumar Sharma, Advocate for the Revision Petitioner.
Ms. Anju Arora, Advocate for Respondent No.1.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT (ORAL) This order will dispose of two Revision Petitions, referred to above, filed by Revision Petitioner/Opposite Party No.1 and Revision Petitioner/Opposite Party No.2, against orders dated 04.07.2016 and 11.04.2016 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short 'the Forum') in Consumer Complaint No.64 of 2016, vide which, the Revision Petitioner/Opposite Party No.1 in this Revision Petition and Revision Petitioner/Opposite Party No.2 in the connected Revision Petition were ordered to be proceeded against expate for not putting in appearance on the date fixed.
2. In the connected Revision Petition bearing No.34 of 2016, application filed for review of order dated 11.04.2016 was also dismissed vide order dated 04.07.2016.
3. Service of Respondent No.1/complainant in both the Revision Petitions is complete.
4. Ms. Anju Arora, Advocate has put in appearance on behalf of respondent No.1/complainant (Woodstock Laminates Ltd.) in both the Revision Petitions by submitting her memorandum of appearance, which is taken on record.
5. Alongwith the Revision Petition No.34 of 2016, an application for condonation of delay of 58 days, in filing the said Revision Petition, has been filed.
6. Heard.
7. For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned.
8. The application stands disposed of accordingly.
9. At the time of arguments, it is stated by Counsel for the Revision Petitioner(s) that non-appearance was not deliberate. It occurred on account of wrong noting down of the date.
10. Be that as it may, during arguments, Counsel for respondent No.1/complainant very fairly stated that let the matter be decided on merits by the Forum.
11. We appreciate the stand taken.
12. In these circumstances, both the Revision Petitions are allowed. The orders dated 04.07.2016 and 11.04.2016, to the extent of ordering exparte proceedings against the Revision Petitioner(s), are set aside.
13. Counsel for the Revision Petitioner(s) undertakes that reply and evidence will be placed on record before the Forum within 10 days from today. It is made clear that if it is not done so, then these Revision Petitions shall be deemed to have been dismissed. No further opportunity shall be granted to the Revision Petitioner(s) to file reply and evidence.
14. Order passed is subject to payment of cost of Rs.5,000/- each in both the Revision Petitions. The amount of cost shall be paid by the Counsel for the Revision Petitioner(s) to respondent No.1/complainant on the next date of hearing before the Forum.
15. Parties are directed to appear before the Forum on 10.10.2016.
16. Certified copy of this order be placed on record of Revision Petition No.34 of 2016.
17. Certified copies of this order be sent to the parties, free of charge.
18. Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.
19. File be consigned to the Record Room after completion.
Pronounced.
26th September, 2016.
[JUSTICE JASBIR SINGH (RETD.)] PRESIDENT (DEV RAJ) MEMBER (PADMA PANDEY) MEMBER Ad/rb STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Revision Petition No. :
34 of 2016 Date of Institution :
06.09.2016 Date of Decision :
26.09.2016 Dhingra Trucking Private Limited, G.T. Road, NH-01, Village Bastara (Gharaunda), District Karnal-132114, (Haryana), Authorized dealer of Bharat Benz through its Managing Director.
......Revision Petitioner.
Versus M/s Woodstock Laminates Limited, Plot No.213, Industrial Area, Phase-I, Chandigarh. M/s Daimler India Commercial Vehicles Pvt. Ltd., 8B, SOPCOT, Industrial Estate, Oragadam Village Singaperumal Koli Road, Mattur (PO), Sriperumbadur Taluk, Kanchipuram, District Tamilnadu, Pin #602105 (India), through its authorized signatory. The Secretary, State Transport Authority, U.T., Chandigarh.
....Respondents.
Revision Petition Under Section 17-B of the Consumer Protection Act, 1986.
BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.
SH. DEV RAJ, MEMBER.
SMT. PADMA PANDEY, MEMBER.
Argued by:
Sh. Binat Sharma, Advocate Proxy for Sh. Anil Kumar Sharma, Advocate for the Revision Petitioner.
Ms. Anju Arora, Advocate for Respondent No.1.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT (ORAL) Vide our detailed order of the even date, recorded separately in Revision Petition No.33 of 2016 titled ' M/s Daimler India Commercial Vehicles Pvt. Ltd. Vs. M/s Woodstock Laminates Limited & Ors.', this Revision Petition has been accepted.
2. Certified copy of the main order, passed in Revision Petition No.33 of 2016 titled ' M/s Daimler India Commercial Vehicles Pvt. Ltd. Vs. M/s Woodstock Laminates Limited & Ors.', be placed on this file also.
3. Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.
4. Certified copies of this order be sent to the parties free of charge.
5. File be consigned to the Record Room after completion.
Pronounced.
26th September, 2016.
[JUSTICE JASBIR SINGH (RETD.)] PRESIDENT (DEV RAJ) MEMBER (PADMA PANDEY) MEMBER Ad/rb