Vihaan Direct Selling (I) Pvt. ...

vs Monika Yadav on 12 March, 2019

State Consumer Disputes Redressal Commission

Vihaan Direct Selling (I) Pvt. ... vs Monika Yadav on 12 March, 2019
M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

ORDER SHEET

REVISION PETITION NO. 41/2018

VIHAAN DIRECT SELLING (INDIA) PVT. LTD.

VS.
MONIKA YADAV AND OTHERS

12.3.2019 Shri Vaibhav Raina and Shri Parag Gupta, learned counsel
for petitioner.
Shri Mahavir Bhatnagar, learned counsel for
respondent No.1.

None for respondents No. 2 and 3.

Feeling aggrieved by the order dated 29th November, 2018, passed by the District Consumer
Disputes Redressal Forum No.1, Bhopal (for short 'the Forum'), in complaint case No. 464/18, the
petitioner/opposite party No.2 has filed this revision petition.

2. According to petitioner, notice issued by the Forum was received by the petitioner at its address at
Kalyan Nagar, Bangalore. The petitioner is opposite party No.2 before the Forum, however,
inadvertently, while filing Vakalatnama, it was filed on behalf of opposite party No.1, QNET Ltd.,
which has also been addressed as Vihan Direct Selling (India) Pvt. Ltd. This mistake, according to
the petitioner, was bonafide and due to oversight. In the circumstances, when the application was
filed to correct the presence and the Vakalatnama, which was in fact filed on behalf of
petitioner/opposite party No.2, the Forum has rejected, the application on the ground that it has no
jurisdiction to review its order. Feeling aggrieved by the said order, the petitioner has filed this
revision petition.

3. Heard learned counsel for the petitioner, as also learned counsel appearing for respondent
No.1/complainant.

4. Having gone through the impugned order and considering the submissions made by learned
counsel for the parties, I am of the view that the mistake in filing the Vakalatnama, appears to be
bonafide.

5. In the circumstances, I permit the petitioner to appear and file written statement on behalf of
opposite party No.2. Counsel for the petitioner be treated as appearing for opposite party No.2
before the Forum. Written statement be filed by the petitioner before the Forum within two weeks
from today. The written statement be taken on record, subject to payment of cost of Rs.10,000/- by

Indian Kanoon - http://indiankanoon.org/doc/50118584/ 1

 Vihaan Direct Selling (I) Pvt. ... vs Monika Yadav on 12 March, 2019

the petitioner to respondent No.1/complainant on or before the next date of hearing.

6. Petitioner and respondent No. 1 to appear before the Forum on 19.3.2019, which, according to the
parties, is the date fixed by the Forum. The Forum shall proceed in the matter in accordance with
law.

7. This revision petition stands dispose of accordingly.

(Justice Shantanu Kemkar) President Mercy

Indian Kanoon - http://indiankanoon.org/doc/50118584/ 2