Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 1950 (HP)

Deep Tegta v. Umesh Orchids A Proprietorship Concern

2018-11-06

P.S.RANA, SUNITA SHARMA, VIJAY PAL KHACHI

body2018
JUDGMENT P.S. Rana (R) President. - Present revision petition is filed by opposite party No.2 against interim order passed by learned District Forum dated 27.07.2018 in consumer complaint No.22/2018 titled Umesh Orchards & Anr. v. M/s. G.R. Traders & others wherein opposite party No.2 was proceeded ex-parte by learned District Forum. 2. Feeling aggrieved against interim order passed by learned District Forum dated 27.07.2018 revision petition filed by revisionist. Learned Advocate appearing on behalf of non revisionist/complainant submitted before State Commission that he has no objection if ex-parte proceedings dated 27.07.2018 against opposite party No.2 is set aside subject to costs. Separate statement of learned advocate recorded and placed on record. 3. State Commission is of the opinion that complainant would be compensated with heavy costs and no miscarriage of justice would be caused to complainant because due opportunity shall be given to complainant to adduce evidence Deep Tegta v. Umesh Orchids & Ors. by way of affirmative and by way of rebuttal and due opportunity shall be given to complainant to address arguments on merits. 4. In view of above stated facts revision petition is allowed and interim order of learned District Forum Shimla dated 27.07.2018 relating to ex-parte proceedings against revisionist is set aside subject to payment of costs to the tune of Rs. 3000/- to complainants. Learned District Forum Shimla shall dispose of the consumer complaint finally within a period of two months after appointment of President in accordance with law and proved facts. Costs to the tune of Rs. 3000/-(Three thousand) shall be paid to complainants before learned District Forum by revisionist. Parties are directed to appear before learned District Forum Shimla on date 24.11.2018. 5. Statement of learned Advocate appearing on behalf of complainant recorded today shall form part and parcel of order. Observations shall not effect merits of consumer complaint in any manner and shall be strictly confined for disposal of revision petition. Certified copy of order be sent to learned District Forum forthwith for compliance and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of cost strictly as per rules. Revision Deep Tegta v. Umesh Orchids & Ors. petition is disposed of. Pending application(s) if any also disposed of.