DR. R.P. SINGH vs P.C. JAIN

This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the sole Opposite Party in the Complaint, is directed against the order dated 22.08.2016, passed by the State Consumer Disputes Redressal Commission, Haryana at Panchkula (for short "the State Commission") in First Appeal No.734 of 2016, whereby the Appeal preferred by the Petitioner has been dismissed for want of prosecution.

It may be noted at this juncture itself that the afore-said date of hearing before the State Commission was fixed by this Commission while disposing of the Revision Petition No.3496 of 2011 on 29.07.2016.

Upon notice, the Complainant is present in person. He vehemently opposes the Revision Petition on the ground that the Petitioner is deliberately trying to delay the disposal of the Appeal by adopting dilatory tactics.

Having heard learned Counsel for the Petitioner and the Complainant, in person, and bearing in mind the fact that even the Complainant was not present when the impugned order was passed by the State Commission, we are of the view that the Petitioner has made out a case for having his say before the State Commission in the afore-said Appeal.

Accordingly, the Revision Petition is allowed; the impugned order is set aside and the Appeal is restored to the Board of the State Commission for adjudication on merits, subject to the Petitioner paying to the Respondent/Complainant a sum of 5,000/- as costs. The said costs shall be paid to the Complainant before the State Commission.

The parties/their Counsel are directed to appear before the State Commission on 17.02.2017 for further proceedings.

We request the State Commission to try to take a final decision in the Appeal as expeditiously as possible and in any case not later than three months from the date fixed before it.

The Revision Petition stands disposed of in the above terms.