H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

First Appeal No. : 282/2019 Date of Presentation: 16.08.2019 Date of Order: 23.10.2024 …………………………………………………………………………………

The Manager Himachal Wood crafts, 31-32, Industrial Area, Shamshi, Tehsil Bhuntar, District Kullu, H.P.

.…Appellant/Opposite Party.

Versus Sh.Balbir Singh, Principal, Minerva, Public School Banjar, Tehsil Banjar, District Kullu, H.P.

……..Respondent/Complainant.

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Coram Hon’ble Justice Inder Singh Mehta, President Whether approved for reporting?

For the Appellant: Mr.Abhishek Barowalia Advocate vice Mr.Vinod Tomar, Advocate.

For the Respondent: Mr.Jia Lal Thakur, Advocate.

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Justice Inder Singh Mehta, President (Oral)

O R D E R :-

The instant appeal is arising out of the order dated

25.06.2019 passed by the learned District Commission, Kullu, Whether Reporters of the local papers may be allowed to see the order?

in consumer complaint No.02/2019 titled Balbir Singh Versus The Manager, Himachal Wood Crafts.

2. In the instant appeal, the appellant/opposite party has alleged that the opposite party never received any notice from learned District Commission below and when the appellant/opposite party came to know about the said notice, the complaint was already decided by the District Commission below. It is prayed that impugned order be set aside.

3. On the other hand, learned counsel of the respondent/complainant has opposed the aforesaid facts as submitted by the appellant/opposite party in its appeal and prays that appeal of the appellant/opposite party be dismissed. 4. Perusal of record indicates that the appellant/ opposite party did not appear before the learned District Commission below on 26.02.2019 and was proceeded ex-

parte.

5. The dispute inter-se the parties requires adjudication of facts on the basis of material available on record. Under these circumstances, it would be in the ends of justice to grant an opportunity of being heard to the opposite party/appellant to defend its case and complainant will be compensated by imposing cost on the appellant.

6. In view of the above stated facts, appeal of the appellant/opposite party is allowed subject to cost of Rs.3000/- and the ex-parte order dated 26.02.2019 and the consequential impugned order dated 25.06.2019 passed by learned District Commission below are set aside. Cost shall be paid to the complainant before the learned District Commission below.

7. Consequently, the case is remanded back to learned District Commission below to decide the matter afresh as per law. Learned District Commission below on receiving the copy of order is directed to issue fresh notices to the parties to proceed with the matter further in accordance with law.

8. Certified copy of order be sent to the parties and their counsel(s) strictly as per rules. Certified copy of order be sent to learned District Commission below for information and file of State Commission be consigned to record room after due completion. Appeal is disposed of. Pending application(s), if any, also disposed of.

Justice Inder Singh Mehta President Satish