IMPORTANT POINTS
If bonafide reason is found for non-appearance before Distt. Commission, proceedings can be reinstated with discretion of the State Commission

ORDER (ORAL)

T.P.S. Mann, President.—The present revision has been preferred by opposite party No.2-The United Biscuits Private Limited for challenging the order dated 16.03.2021 passed by District Consumer Disputes Redressal Commission, Kurukshetra, whereby, the petitioner was proceeded against ex parte in the complaint titled ‘Dheeraj Garg Versus PC Jain & Sons and another’.

2. While passing the impugned order, the District Consumer Commission observed as under:

“Notice issued to OP No.1 & 2 through registered post not received back either served or unserved. Summons were sent to OP No.1 & 2 in complete compliance of order 5 Rule 19-A. So, more than 30 days have elapsed. OP No.1 & 2 deemed to be served on the basis of legal presumption. Case called several times since morning, but none appeared on behalf of OP No.1 & 2. Sufficiently awaited. It is already 2:30 PM. Further wait is not justified. Hence, OP No.1 & 2 is hereby proceeded against ex parte. Now, case is adjourned to 20.04.2021 for ex parte evidence of complainant.”

3. Learned counsel for the petitioner states that in the aforementioned complaint, notice was allegedly sent through registered post to the petitioner, which had never reached to it. The registered post was never received by the petitioner. However, the District Consumer Commission passed the impugned order on 16.03.2021 on the basis of presumption. The impugned order has been passed by the District Consumer Commission in haste and is against the rules of natural justice. It is also submitted that on 20.04.2021, the petitioner came to know from its empanelled Advocate that a case against the petitioner was pending before the District Consumer Commission, wherein, the petitioner stood proceeded against ex parte. The empanelled Advocate, on the instructions of the petitioner applied for the certified copy of the impugned order for further proceeding. The hearing in the complaint was adjourned to 20.04.2021 for recording ex parte evidence of the complainant. However, due to prevailing second wave of the pandemic Covid-19, the case now stands adjourned to 06.08.2021 for recording ex parte evidence of the complainant. It is also submitted that non-appearance of the petitioner before the District Consumer Commission was neither intentional nor willful but due to the bonafide reasons as stated above. The petitioner has a good case on merits and it does not want to delay the matter, in case the impugned order to the extent of proceeding ex parte against the petitioner is set aside and the petitioner shall file the Power of Attorney and written version besides recording its evidence.

4. Having heard learned counsel for the petitioner and on going through the impugned order, the State Commission is of the considered view that ends of justice shall be suitably met, if, the impugned order to the extent of proceeding ex parte against the petitioner is set aside and the petitioner granted one more opportunity for filing the Power of Attorney and written version besides recording its evidence.

5. Resultantly, the revision is accepted, the impugned order dated 16.03.2021 to the extent of proceeding ex parte against the petitioner is set aside and the petitioner granted one more opportunity for filing the Power of Attorney and written version besides recording its evidence. For that purpose, the petitioner shall put in appearance before the District Consumer Commission on 06.08.2021 and file the Power of Attorney as well as written version besides recording its evidence. The aforementioned order is however subject to costs of Rs.7,500/- which shall be paid by the petitioner while putting in appearance before the District Consumer Commission on 06.08.2021. The said amount shall thereafter be disbursed in favour of the complainant Dheeraj Garg.

6. This revision petition is being disposed of without issuing notice to the respondents with a view to imparting substantive justice to the parties and to save the huge expenses,