State Consumer Disputes Redressal Commission
State Transport Commissioner Of Punjab vs Om Parkash on 10 July, 2012
2nd Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.218 of 2012.
Date of Institution: 22.02.2012.
Date of Decision: 10.07.2012.
1. State Transport Commissioner of Punjab, Sector-17, Chandigarh.
2. Regional Transport Authority, DTO Office, Ferozepur;
3. District Transport Authority, DTO Office, Ferozepur;
All through Sh. Gurcharan Singh Sandhu, DTO, District Transport
Authority, DTO Office, Ferozepur.
.....Appellants.
Versus
Om Parkash S/o Ami Chand, Resident of House NO.43, Bazar No.5,
Ferozepur Cantt.
....Respondent.
First Appeal against the order dated
24.08.2011 of the District Consumer
Disputes Redressal Forum, Ferozepur.
Before:-
Shri Piare Lal Garg, Presiding Member.
Shri Jasbir Singh Gill, Member.
Present:-
For the appellants : Sh. Rajneesh Malhotra, Advocate. For the respondent : Sh. Sukhbir Singh, Advocate with Sh. Nakul Sharma, Advocate.
PIARE LAL GARG, PRESIDING MEMBER:-
Sh. Rajneesh Malhotra, Advocate, counsel for the appellants and Sh. Sukhbir Singh, Advocate counsel for the respondent have made a joint statement that in this complaint, no separate order was passed and this complaint was also disposed of along with complaint titled as "Gursewak Singh Vs District Transport Officer & Anr.". Both the complaints were disposed of with one order in complaint no.376 of 2011 titled as "Gursewak Singh Vs District Transport Officer & Anr.". The judgment in complaint no.376 of 2011 may be set aside and the case may be remanded back to the District Forum as there was violation of the Act, as one month period was not given to the OPs/appellants for filing reply to the complaint. As such, this order may First Appeal No.218 of 2012 2 also be set aside and the case may be remanded back to the District Forum to dispose of this complaint vide separate order after affording opportunity to the Ops/appellants to defend the complaint.
2. Perusal of the order dated 24.8.2011 passed in CC No.302 of 2011 titled as "Om Parkash Vs State Transport Commissioner & Ors.", shows that the CC No.302 of 2011 was decided along with CC No.376 of 2011 (Gursewak Singh Vs District Transport Officer, Ferozepur & Anr.) and no separate detailed order was passed in CC No.302 of 2011.
3. In view of the joint statement of the advocates for the appellants and respondent as well as from the perusal of the record of the District Forum, it is clear that only one order was passed in complaint no.376 of 2011 (Gursewak Singh Vs District Transport Officer & Anr.) and in the present complaint. The order passed in CC No.376 of 2011 in connected appeal i.e. F.A. No.201 of 2012 has been set aside. As the complaint no.302 of 2011 was also decided vide order passed in CC No.376 of 2011 which is set aside, therefore, it is deemed that the order of this compliant is also set aside. Accordingly, the case is remanded back to the District Forum with a direction to afford appropriate opportunities to both the parties.
4. Parties through advocates are directed to appear before the District Forum on 6.8.2012.
5. Record of the District Forum along with copy of the order be sent to the District Forum forthwith.
(Piare Lal Garg) Presiding Member (Jasbir Singh Gill) Member July 10, 2012.
(Gurmeet S