STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 03.11.2022 Reserved on : 03.04.2024 Date of Decision : 07.05.2024 Amarjit Pal @ Amarjit Paul, son of Ram Prakash, resident of 45, Mota Singh Nagar, Jalandhar, Punjab, having Aadhar No.9361 7151 3741 ……..Petitioner/Opposite Party No.3 Versus

1. Gurinder Singh Bhatia son of Sh. Harnam Singh, resident of 19/7B, Race Course Road, Amritsar, Punjab 143001.

…….Respondent No.1/Complainant

2. Sherwood Officers Society (Regd.) Sherwood Estate Khasa Bye Pass, Amritsar, through its Chairman, Sh. Praneet Bhardwaj.

3. Sh. Praneet Bhardwaj, Chairman, Sherwood Officers Society (Regd.)

Sherwood Estate Khasa Bye Pass, Amritsar.

4. Executive Officer, PUDA, Janta Colony, Green Avenue, Amritsar.

5. Punjab National Bank through its AGM Meleod Road, Near St. Fancis School, Amritsar.

…….Performa Respondent Nos.2-5/Opposite Party Nos.1,2,4 &5 Revision Petition under Section 47 (1) (b) of the Consumer Protection Act, 2019 for setting aside the orders dated 09.05.2022 and 07.09.2022 passed by the District Consumer Disputes Redressal Commission, Amritsar.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Present:-

For the petitioner : Sh. T. S. Khaira, Advocate For respondent No.1 : None JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The petitioner Amarjit Pal alias Amarjit Paul being aggrieved by the impugned order dated 09.05.2022 (Annexure P-1) as well as order dated 07.09.2022 (Annexure P-2) has filed the present Revision Petition under Section 41(b) of Consumer Protection Act, 2019 (in short the “Act”) whereby the Petitioner had been proceeded exparte in C.C. No.115 of 2022 and the application for setting aside the exparte order had been dismissed.

2. The Respondent/Complainant filed the Complaint before the District Commission alleging certain allegations of unfair trade practice Initially notice was issued on 14.03.2022 for 22.04.2022 to the OPs. However, it was informed through email by the Petitioner/OP No.2 that he was out station due to some urgent work and some other date be given. Thereafter, the case was fixed for hearing on 09.05.2022 and on that day also the Petitioner did not appear and was proceeded exparte

3. However, it was mentioned in the order dated 22.04.2022 that service of the Petitioner/OP No.3 was awaited. Thereafter, the Complaint came up for hearing on 09.05.2022 but none had appeared on behalf of the Petitioner/OP No.3 and he was proceeded exparte. Thereafter, the Petitioner/OP No.3 filed an Application for setting aside the order of exparte which was also dismissed vide order dated 07.09.2022. Both the orders i.e. dated 09.05.2022 (Annexure P-1) and dated 07.09.2022 (Annexure P-2) are under challenge before this Commission in the present Revision Petition.

4. There was a delay of 86 days in filing of the Appeal. M.A. No.1467 of 2022 has been filed for condonation of delay which was supported by an affidavit. Reply to said Application was not filed. Thereafter, notice in the application as well as in the Revision Petition was issued. The delay of 86 days in filing the Appeal was condoned vide order dated 31.03.2023 subject to cost of Rs.3,000/- to be deposited in the Consumer Legal Aid Account of this Commission. Said cost was deposited by the Complainant and the delay was condoned.

5. Notice was issued to Respondent No.1 but none has appeared on behalf of Respondent No.1/Complainant despite service.

6. Mr. T.S. Khaira Advocate, learned Counsel for the Petitioner/OP No.3 has submitted that due to bad health, the Petitioner could not appear before the District Commission as he was suffering from Sciatica Pain and was advised complete rest w.e.f. 08.05.2022 to 10.05.2022 and as such the Petitioner could not appear on the date and was proceeded exparte whereas the absence was not willful. The Petitioner has also placed on record medical certificate dated 08.05.2022. Learned Counsel has further submitted that th