State Consumer Disputes Redressal Commission
Kotak Mahendra Primus Ltd. vs Smt.Kanchan Devi on 12 February, 2009
Appeal No.485/06 Kotak Mahindra Primus Ltd. V. Smt.Kanchan Devi Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethiya-Member
Shri Ajay Tantia,counsel for the appellant None for the respondent Date of judgement: 12.2.2009 This appeal has been filed by the appellant which was op before the District Forum-II,Jaipur against the order dated 7.2.06 passed by the District Forum-II,Jaipur in complaint no.863/2005,by which the complaint of the complainant respondent was allowed against the appellant in the manner that the appellant was directed that after getting the cheque of Rs.46190/- of the Standard Charted Bank and after depositing that cheque in the account of the complainant respondent,the loan of the complainant respondent be settled in full and final settlement and further the appellant was directed to pay Rs.2000/- as amount of compensation and Rs.1000/- as amount of cost to the complainant respondent.
In this appeal the learned counsel for the appellant has submitted that the impugned order was passed exparte and since it affected the rights of the appellant,therefore, before passing such order, opportunity to put his case should have been given to the appellant by the District Forum. Hence it was prayed that in the interest of justice,an opportunity to put his case may be given to the appellant and the matter may be 2 remanded back to the District Forum after setting aside the impugned order with the directions to decide the same afresh in accordance with law after hearing both the parties.
Whatever may be the reasons,but the fact is that the impugned order was passed exparte.
It may be stated here that the maxim 'Audi Alteram Partem' (hear the other side) has now been universally acknowledged as a principle of natural justice. The principle of audi alteram partem has been elevated to the status of a constitutional right. This principle requires that no one shall be condemned unheard. The purpose of following the principles of natural justice is prevention of miscarriage of justice and hence the observance thereof is the pragmatic requirement of fair play in action. The requirement of natural justice is applicable not only to judicial or quasi judicial orders but also to administrative orders affecting a party prejudicially,unless it is expressly excluded by a law which is otherwise valid.
Thus,looking to the above principles and looking to the entire facts and circumstances of the case and looking to the fact that the impugned order was passed exparte affecting the rights of the appellant,it is just and proper and in the interest of justice to give one opportunity to the appellant to put his case and to remand the matter to the District Forum,after setting aside the impugned order,with the directions to decide the same afresh on merits in accordance with law after hearing both the parties.
Hence,this appeal filed by the appellant deserves to be allowed and it is hereby allowed in the following manner:-
3(i)that the impugned order dated 7.2.06 passed by the District Forum-II,Jaipur in complaint case no.863/05 is quashed and set aside and the matter is remanded back to the District Forum-II,Jaipur with the directions to decide the same afresh on merits in accordance with law after hearing both the parties.
(ii)that the amount deposited by the appellant before the District Forum shall not be given to the appellant or complainant respondent till final disposal of the complaint.
that the parties are directed to appear before the District Forum-II,Jaipur on 6.5.09. The appellant is directed to file reply before the District Forum-II,Jaipur on or before 6.5.09. Since the complainant respondent is not present before this Commission,therefore,before proceeding further, a fresh notice for appearance would be given by the District Forum to the complainant respondent.
Member President