State Consumer Disputes Redressal Commission
General Motors India Pvt. Ltd. ... vs 1.Surjit Singh Son Of Late Sardar ... on 11 February, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Revision Petition No.16 of 2014 Date of Institution: 05.02.2014 Date of Decision: 11.02.2014 General Motors India Pvt. Ltd. Chandrapur Industrial Estate, Halol-389351, District Panchamahas (Gujrat). Petitioner (Opposite Party No.2) Versus 1. Surjit Singh son of late Sardar Jaswant Singh, Resident of H.No.688, Housing Board Colony, Sector-7, Ambala City. Respondent (Complainant) 2. M/s Oberoi Automobiles (P) Ltd. Show Room No.1, Near Jail Bridge, Ram Nagar, Baldev Nagar Camp, Chandigarh, Ambala City-134007. Respondent (Opposite Party No.2) CORAM: Honble Mr. Justice Nawab Singh, President. Mr. B.M. Bedi, Judicial Member. Mrs. Urvashi Agnihotri, Member. For the Petitioner: Shri Chanderhans Yadav, Advocate. O R D E R
Justice Nawab Singh, President (Oral):
This revision petition is directed against the order dated January 20th, 2014 passed by District Consumer Disputes Redressal Forum, (for short District Forum), Ambala, whereby an application filed for setting aside exparte order dated November 7th, 2013, was dismissed.
2. Surjit Singh-complainant (respondent No.1 herein) filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum alleging deficiency in service on the part of the opposite parties for selling a car to him, having manufacturing defect.
3. Despite service through notice, the opposite party No.1 (petitioner herein) did not appear and was proceeded exparte vide order dated November 7th, 2013.
4. The application filed by the petitioner for setting aside the exparte order was dismissed by the District Forum vide order dated January 20th, 2014 relying upon the judgment rendered by Honble Supreme Court in Rajeev Hitendra Pathak & Ors.
Versus Achyut Kashinath Karekar & Anr., IV(2011) CPJ 35 (SC).
5. It is contended on behalf of the petitioner that an opportunity be granted to it to file written statement and contest the complaint.
6. It is well settled principle of law that no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Since the case is at initial stage, this Commission deems it appropriate to allow the revision.
7. Hence, this revision petition is allowed and the orders dated November 7th, 2013 and January 20th, 2014 are set-aside subject to conditional cost of Rs.2,000/- compensating the complainant for delay in the proceeding, which shall be paid by the petitioner-opposite party to the complainant before the District Forum on the date of hearing, that is, February 21st, 2014. Consequently, the petitioner is accorded one opportunity to file written statement and join the proceedings.
8. The parties are directed to appear before the District Forum, Ambala on February 21st, 2014.
9. Copy of this order be sent to the District Forum forthwith.
Announced:
11.02.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President CL