AI Structured Summary
Not yet generated for this judgment
Judgment
Instant appeal is directed against the following order of the State Commission, Haryana in CC No.93 of 2016: "If applicants/OP Nos.1 and 2 were not satisfied with the order dated 15-03-2016 then they should have filed revision against that order before the Hon''ble National Commission. Now that order had attained finality and cannot be challenged before this very Commission. If the complainant has gone beyond the scope of better particulars then they may raise this objection in their reply. In the absence of reply it is presumed that they have admitted her averments to be correct and complaint cannot be dismissed on the basis of this application at this stage. Hence, the same is hereby rejected.
Adjourned to 28-09-2016 for filing reply on behalf of the opposite parties Nos.1, 2 and 4."
After some arguments on admission, learned counsel for the appellants has sought to withdraw the appeal seeking liberty to raise his preliminary objections in the written statement. Learned counsel for the appellants has submitted that it may be clarified that the pleas taken by the appellants/opposite parties shall be considered and decided by the State Commission on merits.
On perusal of the impugned order we find that the State Commission declined to dismiss the complaint at the initial stage and observed if the complainant has gone beyond the scope of better particulars till the subsequent complaint after withdrawal of the first complaint the appellants/opposite parties may take objections in their reply to the complaint. This implies that the State Commission has given permission to the appellants to take whatever objections they want in the written statement which shall be decided at the final stage. Thus, under the circumstances we allow the appellants to withdraw the appeal and grant them liberty to raise objections pertaining to maintainability in the written statement which shall be decided by the State Commission after giving due hearing to the parties. It is clarified that the appellants shall file the reply to the complaint on or before 28-09-2016.
The first appeal stands dismissed as withdrawn accordingly.