NCDRC

NCDRC

RP/1791/2013

SHRIRAM TRANSPORT FINANCE CO. LTD. - Complainant(s)

Versus

ANANDA ORANG - Opp.Party(s)

MR. LENIN SINGH HIJAM

10 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1791 OF 2013
 
(Against the Order dated 02/04/2013 in Appeal No. 854/2012 of the State Commission West Bengal)
1. SHRIRAM TRANSPORT FINANCE CO. LTD.
AGARWAL BUILDING, 1ST FLORR, IN FRONT OF CORPORATION BANK, NEAR VAIBHAV HOTEL BY PASS ROAD, CHAS (BOKARARO) & ALSO 6 LIONS RANGE , 1ST FLOOR,
KOLKATA - 7000001
W.B
...........Petitioner(s)
Versus 
1. ANANDA ORANG
S/O LATE AMULYA RATAN ORANG. VILL CHHOTO, UDAYPUR, P.O DEOLI, P.S SANTALDIH
PURULIA
W.B
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Lenin Singh Hijam, Advocate
For the Respondent :
Mr. Robin Majumder, Advocate

Dated : 10 Jul 2014
ORDER

Respondent has not filed reply. 2. Heard learned counsel for the parties and perused record. 3. Learned counsel for the petitioner submitted that on account of ill health, counsel for the petitioner could not appear before State Commission and appeal was dismissed in default, which may be restored. Learned counsel for the respondent submitted that he has no objection in allowing revision petition subject to cost. 3. As appeal was dismissed in default on account of non-appearance due to ill health, we deem it appropriate to allow this revision petition and set aside impugned order subject to cost, so that matter may be decided on merits by learned State Commission. 4. Consequently, revision petitioner filed by the petitioner is allowed and impugned order dated 02-04-2013 passed by learned State Commission in First Appeal No. 854/2012 Sriram Transport Finance Co. Ltd. Vs. Ananda Orang is set aside, subject to payment of Rs.5,000/- to the respondent as costs and the matter is remanded back to learned State Commission to decide it on merits after giving an opportunity of being heard to both the parties. 5. Parties are directed to appear before State Commission on 29.08.2014.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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