State Consumer Disputes Redressal Commission
Puneet Aggarwal vs Himachal Pradesh College Of Law & Ors. on 17 March, 2010
H
H.P.STATE CONSUMER DISPUTES REDRESSAL
COMMISSION,
SHIMLA-9.
F.A. No. 191 of 2008 Decided on 17.3.2010.
Puneet Aggarwal Son of Sh.
Sunder Lal Aggarwal,
Resident of House No. 5356/5 B, Punjabi Mohalla,
Sadar Ambala Cantt. Through Sh. Sunder Lal
Son of Late Sh. Amar Nath, Resident of House
No. 5356/5 B, Punjabi Mohalla,
Sadar Ambala
Cantt. (Haryana) General Power
of Attorney.
....Appellant.
Versus
1. Himachal Pradesh College
of Law,
Kala Amb, Tehsil
Nahan, District Sirmaur,
Himachal Pradesh through its Principle.
2. Sh. Rajneesh Aggarwal,
President/Trustee,
Himachal
Pradesh College
of Law,
(Maa Saraswati Education Trust Regd.)
Sadhaura Road,
Kala Amb, Tehsil Nahan,
Distrit Sirmaur, Himachal Pradesh.
..Respondents.
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Honble Mr.
Justice Arun Kumar Goel (Retd.), President.
Honble Mrs. Saroj
Sharma, Member.
Honble Mr. Chander
Shekher Sharma, Member.
Whether approved for reporting ?
For the Appellant. Mr. Rahul Mahajan, Advocate
for the appellant.
For
the Respondents. Mr. Peeyush Verma, Advocate
for the respondent alongwith
Mr. Rajneesh on behalf of the
respondents who has been identified
as such by Mr. Verma.
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ORDER
Justice Arun Kumar Goel (Retd.) President.
1. When hearing in this case commenced, it was pointed out on behalf of the respondents that accepting everything against them as alleged without admitting, still no relief could have been given by the District Forum below for want of evidence to the appellant. As according to Sh. Verma, claiming compensation over and above what is already paid by his clients was not at all justified in the acts of this case. Though according to Mr. Verma his client were not even liable to pay the same, because there was no fault on the part of the respondents.
2. While going through the file it transpired, that the impugned order, as well as daily order sheet of 10.12.2007, both have been signed only by the President alone. Prima-facie order could not have been passed as there was no quorum. We feel that in the light of these circumstances going into merits would be an exercise of in futility. In these circumstances while allowing this appeal and consequently setting aside the impugned order as it was passed without quorum, complaint is ordered to be restored to his original No. and date. Both the parties are directed to appear before District Forum, Sirmour at Nahan on 7.4.2010 when they shall file their evidence, if any. Thereafter District Forum below is directed to finally hear this matter on 8.4.2010 and dispose of the same at the earliest and in no case later than 30.4.2010. Time frame is strictly to be adhered to by the District Forum below. In case any of the parties either fails to appear or does not file evidence, its right to file the same shall stands closed without any further order from the District Forum. If it fails to appear, it shall be dealt with as per law.
3. It hardly needs to be clarified, that so far as the that payment that has been made by the respondents to the appellant in terms of the impugned order passed by District Forum below is concerned, it shall abide by the order that will now be passed by the District Forum below in terms of this order after hearing the parties. It is further clarified that the District Forum below shall now proceed further after taking the evidence if any that will be filed by the parties, but without being influenced by the order which has been set aside in this appeal, as we have not expressed any opinion on the merits of the case.
4. Learned counsel for the parties have undertaken to collect copy of this order free of cost from the Court Secretary as per rules and office is directed to transmit the record of the District Forum below well before the date fixed.
(Justice Arun Kumar Goel) (Retd).
President (Saroj Sharma) Member (Chander Shekher Sharma) Member Suneera 17.3.2010.