State Consumer Disputes Redressal Commission
Indian Oil Corporation Ltd. vs Sh. Rajesh Stan. & Anr. on 16 December, 2022
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA.
Revision Petition No.: 74/2022
Date of Presentation: 28.09.2022
Date of Decision: 16.12.2022
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Indian Oil Corporation Ltd. through its
Area Manager (Marketing Division) SDA Complex,
Block No. 21 Kasumpri, Shimla-171009, H.P.
...Petitioner/Opposite Party
Versus
1. Sh. Rajesh Stan S/o Sh. Balak Ram,
R/o Karam Niwas Cemetery Road, Sanjauli,
Shimla-171006, H.P.
...Respondent/Complainant
2. The Branch Manager, Durga Gas Agency,
Sanjauli, Shimla-6, H.P.
...Respondent/Opposite Party
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Coram
Hon'ble Justice Inder Singh Mehta, President
Hon'ble Ms. Sunita Sharma, Member.
Hon'ble Mr. R.K.Verma, Member
Whether approved for reporting?1
For the Petitioner : Mr. Mukul Sood, Advocate.
For the Respondents : Ms. Pooja, Advocate.
(Memo of apperance filed)
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Justice Inder Singh Mehta, President (Oral)
O R D E R:
Present revision petition is preferred against the order dated 23.08.2022 of learned District Commission, Shimla, H.P. whereby the revision petitioner, i.e. Indian Oil 1 Whether Reporters of the local papers may be allowed to see the order?
Indian Oil Corporation Ltd., vs Sh. Rajesh Stan & Anr. R.P. No.74/2022 Corporation Ltd., who has been impleaded as opposite party in a complaint, filed by the complaianant has been ordered to be proceeded ex-parte.
2. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner could not appear before the District Commission below on 23.08.2022 and District Commission below proceeded with ex-parte order. Counsel of the petitioner further submitted that non- appearance of the petitioner on the said date was not deliberate and intentional, but it was because of the unforeseen circumstances, therefore, impugned order dated 23.08.2022 be set aside.
3. On the other hand, learned counsel appearing on behalf of respondents has fairly conceded and submitted that respondent has no objection if the revision petition is allowed subject to the costs.
4. We have perused the impugned order as well as the revision petition.
5. The reason stated in the revision petition is supported with an affidavit. Therefore, to meet the ends of justice, we allow the present revision petition subject to the costs of Rs.3,000/- and set aside the impugned order dated 23.08.2022 of District Commission below. Costs shall be paid to the complainant before learned District Commission below 2 Indian Oil Corporation Ltd., vs Sh. Rajesh Stan & Anr. R.P. No.74/2022 and learned District Commission below is directed to proceed with the matter further as per law after giving an opportunity to petitioner to file reply to consumer complaint.
6. Learned District Commission below on receiving the copy of order is directed to issue fresh notices to the parties to proceed with the matter in accordance with law.
7. A copy of the order be sent to each of the parties and their counsel, free of cost, as per Rules. File of District Commission alongwith certified copy of order be sent back and file of State Commission be consigned to record room after due completion. R.P.No. 74/2022 is disposed of. Pending application(s) if any also disposed of.
Justice Inder Singh Mehta President Sunita Sharma Member R.K.Verma Member 16.12.2022 *ss* 3