LAWS(NCD)-2000-12-73

AKASH DEEP SINGLA Vs. RAJIV KUMAR

Decided On December 08, 2000
AKASH DEEP SINGLA Appellant
V/S
RAJIV KUMAR Respondents

JUDGEMENT

(1.) By means of this Miscellaneous Application No.2 of 2000, the applicant/respondent No.3 seeks the setting aside of order dated 23.2.2000 passed in revision petition by this Commission. The order which is sought to be set aside was passed ex-parte against the applicant/respondent No.3. The contention of the applicant/respondent No.3 is that the said order was passed without issuance of notice to him. The applicant came to know about the filing of the revision petition and the impugned order dated 23.2.2000 passed by this Commission only on 20.6.2000 when his Counsel inspected the file of the case. It has been averred that though the applicant was impleaded as respondent No.3 in the revision petition but he was neither served with the summons nor he was heard by the Commission before the impugned order was passed on 23.2.2000. The applicant has been held partly liable for the amount which is involved in the execution application before the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum-II ). It has also been submitted that it is well-settled law that nobody should be condemned unheard.

(2.) The notice of this petition was issued to the petitioner of the Revision Petition No.3 of 1999 as well as to the respondent Nos.1 and 2. The execution of the order dated 23.2.2000 was also stayed qua the present applicant/respondent No.3 Shri Vivek Garg.

(3.) Mr. Harish Single representing respondent No.2 M/s. P. H. Information System (P) Ltd. , 404 Motor Market, Manimajra, U. T. , Chandigarh as its Director put in appearance and moved an application on 13.9.2000 praying that the respondent No.2 be discharged from its liability. The respondent No.1 - Shri Rajiv Kumar put in his appearance in person and Mr. P. S. Sama, Advocate appeared for respondent No.3 - The Computer Point Ltd. , SCO No.41, Sector 7c, Madhya Marg, Chandigarh but none appeared for the petitioner of Revision Petition No.3 of 1999 Shri Akash Deep Singla.