The Chairman Aravind Eye Hospital vs Mr Srinivasan

Karuna Nand Bajpayee, Presiding Member

This Revision Petition has been filed under Section 58(1)(b) of The Consumer Protection Act, 2019 in challenge to the Order dated 27.06.2023 passed by the State Commission in First Appeal No.270 of 2023 of arising out of the Order dated 13.01.2023 of the District Commission in the complaint no. 282  of 2022

Heard the learned counsel for the petitioner and perused the record including inter alia the impugned Order 27.06.2023 passed by the State Commission, the Order dated 13.01.2023 passed by the District Commission and the memo of petition.

To facilitate better appreciation, it may be apt to quote the impugned Order dated 27.06.2023 which reads as below:

This is appeal is coming on before us for hearing today, this commission made the following order in open court:

No representation for both. This appeal is posted today for appearance of both and for arguments in list or for dismissal. When the matter was called at 11.00 A.M, the appellant was not present hence, passed over and called again at 12.30 noon, then also the appellant has not appeared. Hence we are of the view that keeping the appeal pending is of no use as the appellant is not interested in prosecuting the case. The appeal is dismissed for default. No order as to cost.

Learned counsel for the petitioner has tried to explain the circumstances for non-appearance of the learned counsel or anybody else on behalf of the petitioner on the date fixed before the State Commission and has drawn the attention of the Bench to the grounds of the petition. Submission is that as the appeal has been dismissed in default by the State Commission merits of the case remain un-adjudicated. Submission is that the petitioner has a good case on merits and if the opportunity of hearing for pursuing its case on merits before the State Commission shall not be provided to the petitioner, it shall suffer irreparable loss and the petitioner shall be left remediless.

Ordinarily this Bench could have issued notice to the respondent(s) and would have proceeded with the matter thereafter. But such a course might have taken a long time as it was not likely that the matter could have been taken up on an early date in the wake of heavy pendency of cases. Also, in such event the proceedings of the complaint would have to be stayed and the matter would have dragged for an indefinite period of time. Such a course would have eventually proved detrimental to the cause of the consumer justice. As the matter in hand does not involve any complicated questions of law or facts, it would not serve much purpose to procrastinate the hearing waiting for the appearance of the respondent, therefore, the Bench finds it expedient to decide the matter on the basis of record.

Without making any observation about the merits of the case, lest, the same may cause any prejudice to either side and colour the vision of the fora below, in the light of the submissions made by the learned counsel for the petitioner and in view of the totality of the facts and circumstances of the case, this Bench feels it expedient to give a further opportunity to the petitioner to appear and contest its case on merits before the State Commission. The impugned Order dated 27.06.2023 is hence set aside and the present revision petition is allowed and the same is remitted back to the State Commission with the request to decide the same on merits after giving opportunity of hearing to the petitioner, subject to the cost of Rs.50,000/- to be paid by the petitioner / opposite party to the respondent / complainant directly or through the State Commission on or before the date fixed, without fail.

The parties are directed to appear before the State Commission on 26.02.2024.

If the direction regarding the cost is not complied with as stipulated, the impugned Order dated 27.06.2023 passed by the State Commission shall stand as it stood.

The principal onus of informing the respondent about this instant Order shall be of the petitioner / opposite party, it shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.

However, if for whatever reason, the respondent does not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also direct the petitioner / opposite party to take adequate steps in order to facilitate service to the respondent.

In case the respondent still feels to have objections to the instant Order, he may file appropriate application before the State Commission, submitting that he will raise his objections before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondent may file appropriate application before this Commission to raise his objections.

If the respondent moves appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the Orders that may be passed by this Commission on such application. If the respondent do not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.

The petitioner is advised to peruse its appeal in the State Commission in right earnest. It may be observed that in case on the date fixed for hearing or on any future date, the petitioner fails to appear before the State Commission personally or through its counsel or authorized representative, the State Commission may proceed with the matter as it may deem fit in its wisdom in accordance with law.

The Registry is requested to send a copy each of this Order to the parties in the petition and to the learned counsel for the petitioner as well as to the fora below within three days from today. The stenographer is requested to upload this Order on the website of this Commission within three days.