State Consumer Disputes Redressal Commission
Schindler India Pvt.Ltd. vs Charan Dass Singla on 14 December, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Revision Petition No. : 49 of 2015 Date of Institution : 10.12.2015 Date of Decision : 14.12.2015 Schindler India Pvt. Limited, having its Registered Office at : 401/402, DELPHI, Hiranandani Business Park, Powai, Mumbai - 400076. Also at : SCO NOs.64-65, 2nd Floor, Sector 17-A, Chandigarh. Also at : P.P.Trade Center, Plot No.P-1 301, 3rd Floor, Wazirpur District Center, Netaji Subhash Place, Pitam Pura, New Delhi - 110034. Through its Authorised Representative. ......Revision Petitioner/Opposite Parties No.1 and 2. Versus Sh.Charan Dass Singla (C.D.Singla) S/o Late Sh.Ami Chand, r/o 357, Sector 6, Panchkula, Haryana. Smt.Saroj Singhla, W/o Charan Dass Singla, R/o 357, Sector 6, Panchkula, Haryana. ....Respondents/Complainants. BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT. SH. DEV RAJ, MEMBER.
SMT. PADMA PANDEY, MEMBER.
Argued by:
Sh. Ajay Goyal, Advocate for the Revision Petitioner.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT (ORAL) This Revision Petition has been filed giving challenge to the orders dated 14.09.2015 and 06.11.2015 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short Forum) vide which, for non-appearance, the Revision Petitioner(s)/Opposite Parties No.1 and 2 were ordered to be proceeded against exparte.
2. We have gone through the orders, under challenge, and perused the file.
3. It is stated by Counsel for the Revision Petitioner that non-appearance was not intentional and further that reply and evidence is ready with him and it shall be filed before the Forum on 17.12.2015, when Consumer Complaint No.506 of 2015 is fixed.
4. We feel that in the interest of justice, the aforesaid orders dated 14.09.2015 and 06.11.2015 passed by the Forum can be recalled.
5. On our asking, Sh.Gaurav Bhardwaj, Advocate, Counsel for the respondents/ complainants has put in appearance and he has no objection if the orders, under challenge, are set aside. He only states that let the petitioner be burdened with reasonable cost.
6. In view of the above, this Revision Petition is allowed. Orders dated 14.09.2015 and 06.11.2015 of the Forum are set aside. Parties/their Counsel are directed to appear before the concerned Forum on the date already fixed i.e. 17.12.2015.
7. Counsel for the Revision Petitioner is directed to file their reply and evidence positively on the date fixed i.e. 17.12.2015.
8. Order passed is subject to payment of cost of Rs.5000/-. The said amount be paid by the Counsel for the Revision Petitioner to the Counsel for the respondents/complainants on the date fixed before the Forum.
9. Certified copy of this order be given dasti to the parties/their Counsel.
10. Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.
11. File be consigned to the Record Room after completion.
Pronounced December 14, 2015.
Sd/-
[JUSTICE JASBIR SINGH (RETD.)] PRESIDENT Sd/-
(DEV RAJ) MEMBER Sd/-
(PADMA PANDEY) MEMBER rb