H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

Revision Petition No.: 16/2024 Date of Presentation: 25.05.2024 Date of Order: 05.07.2024 ………………………………………………………………………………………………………. Vishal Kumar Son of Sh. Mansha Ram, R/o V.P.O. Dangar (Soug), Tehsil Ghumarwin, Sub Tehsil Bharari, District Bilaspur, H.P.

.......... Petitioner.

Versus

1. Sh. Jai Ram Thakur Son of Sh. Prabha Ram, R/o Village Chajoli, P.O. Dangar, Tehsil Ghumarwin, Sub Tehsil Bharari, District Bilaspur, H.P.

2. Maansa Group of Companies VPO Dangar (Soug), Tehsil Ghumarwin, District Bilaspur, H.P., through its Chairman Mansha Ram Son of Sh. Hari Ram, VPO Dangar (Soug), Tehsil Ghumarwin, District Bilaspur, H.P.

……….Respondents ……………………………………………………………………………………………………….

Coram Hon’ble Justice Inder Singh Mehta, President Hon’ble Mr. R.K. Verma, Member.

1 Whether approved for reporting?

For the Petitioner: Ms.Suman Advocate vice Ms.Sarita Sharma, Advocate.

For the Respondents: None.

……………………………………………………………………………………………..

Whether Reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President (Oral)

O R D E R:

Present revision petition is preferred against the order dated 27.03.2024 of learned District Commission, Una Camp at Ghumarwin, whereby the revision petitioner, who was impleaded as opposite party No.2 in a complaint, filed by respondent/complainant, was ordered to be proceeded ex-

parte.

2. Learned counsel of the revisionist/petitioner has submitted that the revisionist/petitioner could not appear before the learned District Commission below on 26.04.2023 as the petitioner resides at Chandigarh and he had not received any summon personally and was proceeded ex-parte vide order dated 26.04.2023. Thereafter, the petitioner filed an application under Order 9 Rule 7 CPC before the District Commission below for setting aside ex-parte order dated 26.04.2023 which was dismissed by the District Commission below vide order dated 27.03.2024. Counsel of the petitioner further submitted that non-appearance of the petitioner on the said date i.e.

26.04.2023 was not deliberate and intentional, but it was because of the unforeseen circumstances, therefore, impugned order dated 26.04.2023 be set aside.

4. We have heard learned counsel of the revisionist/petitioner and perused the impugned order and the reason stated by the petitioner in the revision petition.

5. The reason stated in the revision petition is supported with an affidavit. Therefore, to meet the ends of justice, we allow the present revision petition and set aside the ex-parte order dated 26.04.2023 of District Commission below.

6. 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.

7. Certified copy of the order be sent to each of the parties and their counsel(s) free of cost, as per Rules. File of learned District Commission alongwith certified copy of order be sent back and file of State Commission be consigned to record room after due completion. Pending applications, if any, also disposed of.

Justice Inder Singh Mehta President R.K.Verma Member Veena