STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. R/87/2018
(Against the order dated 02-04-2018 in Complaint Case No.
49/1999 of the District Consumer Forum, Kanpur Nagar )
Shree Cement Limited
Having its Registered Office at
Bangur Nagar, Beawar
305901, Rajasthan
Through its Director
...Revisionist
Vs.
- Ajay Taneja
C/o Shyam Dass Hans Raj & Company
49/78A, Nayaganj
District Kanpur
- Umesh Kumar Gupta
Proprietor
M/s Inder Manoher Finance Limited
A-5/5, Rana Pratap Bagh
New Delhi-110007
- Naresh Chandra Sharma
Proprietor
M/s S. N. Investment,
D.M. Colony Road
Bulandshahr-203001
...Opposite parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MR. MAHESH CHAND, MEMBER
For the Revisionist : Mr. Arvind Tilhari, Advocate.
For the Opposite Party :
Dated : 18-05-2018
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri Arvind Tilhari, learned Counsel for the revisionist appeared.
Heard learned Counsel for the revisionist and perused impugned order dated 02-04-2018 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No. 49/1999 Ajay Taneja V/s Shree Cement Limited and two others whereby the District Consumer Forum has allowed amendment application moved by complainant Ajay Taneja to delete names of opposite parties No. 2 and 3 from the array of parties.
It is contended by learned Counsel for the revisionist that the said
:2:
opposite parties No. 2 and 3 are necessary parties in the complaint and they have been impleaded in complaint by way of amendment. Therefore, deletion of these two opposite parties from the array of parties is against law.
We have considered the submission made by learned Counsel for the revisionist.
Opposite parties No. 2 and 3 of complaint namely Umesh Kumar Gupta and Naresh Chandra Sharma have been deleted from the array of parties vide impugned order on application moved by complainant. The complainant does not want to continue proceeding of complaint against these two opposite parties. The complainant cannot be compelled to continue proceedings against said opposite parties. The revisionist/opposite party is at liberty to raise plea of non-joinder of necessary parties and if said two opposite parties are necessary parties in the complaint appropriate order may be passed by District Consumer Forum at the time of final hearing.
In view of above present revision petition is disposed of finally with liberty to revisionist to raise plea of defect of necessary parties in the complaint at the time of final hearing.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( MAHESH CHAND )
MEMBER
Pnt.
