NCDRC

NCDRC

RP/2226/2012

MAITREYA VINOD DOSHI & ANR. - Complainant(s)

Versus

AMRIT MEDICAL & GENERAL STORES & 2 ORS. - Opp.Party(s)

M/S. AMC LAW FIRM

02 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2226 OF 2012
 
(Against the Order dated 12/01/2012 in Appeal No. 776/2005 of the State Commission Maharastra)
1. MAITREYA VINOD DOSHI & ANR.
Neela House, M.L Dhahanukar Marg
Mumbai - 400 026
Maharastra
2. Arvind Raoji Doshi
2A, Windclife,50-D Pedder Road
Mumbai - 400 026
Maharastra
...........Petitioner(s)
Versus 
1. AMRIT MEDICAL & GENERAL STORES & 2 ORS.
Shop no-9 Inderprastha Building Opp M.T.N.L. Sheetal Nagar Mira Road
Thane - 401 107
Maharastra
2. Pal Peugot Ltd.,
kalyan Sheel Road, Manpada , Dombivali
Thane - 421 204
Maharastra
3. Navnit Motors Private Ltd.,
C-1 Rizvi Park,S.V Road, Santacruz (W)
Mumbai - 400 054
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
: Mr. Subhjksh Vasudev, Advocate
For the Respondent :
For Respondent No.1 : Mr. Karan Dewan, Advocate
For Respondents 2 & 3 : NEMO

Dated : 02 Nov 2012
ORDER

 1.          Counsel for the petitioner heard.  The case was dismissed in default by the State Commission vide its order dated 12.01.2012.  The impugned order is reproduced as follows:-

“(1) Both the parties are remaining absent.  Intimation of the date fixed was already published on notice board and Internet and also supplying information to the Bar.  Beside this, by abundant precaution notices of today’s date were also posted to both the parties by post on 01/10/2011.  Appellant failed to take any proper steps to effectively prosecute the appeal after it is admitted on 31/06/2006.  Under the circumstances, the appeal is dismissed for default.”

2.          Counsel for the parties agree that the case should be restored subject to payment of heavy cost.  The case is restored subject to payment of cost of Rs. 5,000/-, which will be deposited with the Consumer Legal Aid Account of this Commission, within 2 weeks.

3.          Parties are directed to appear before the State Commission on 19.11.2012, who will hear both the parties on merits and decide the case expeditiously after satisfying that the above said costs stand paid. Receipt of the same be produced before the State Commission.

4.      The revision petition stands disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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