NCDRC

NCDRC

RP/3818/2013

M/S. HERO HONDA MOTORS LTD. & ANR. - Complainant(s)

Versus

ANIL KUMAR GOEL - Opp.Party(s)

MR. NIKHIL JAIN

20 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3818 OF 2013
 
(Against the Order dated 13/05/2011 in Appeal No. 138/2011 & 626/2005 of the State Commission Uttar Pradesh)
WITH
IA/6771/2013,IA/6772/2013
1. M/S. HERO HONDA MOTORS LTD. & ANR.
THROUGH ITS MANAGING DIRECTOR, 34 COMMUNITY CENTRE, BASANT VIHAR,
NEW DELHI
2. M/S ATMA RAM AUTO ENTERPRISES,
THROUGH ITS MANAGING DIRECTOR, 37/1 BYEPASS ROAD,
AGRA
U.P
...........Petitioner(s)
Versus 
1. ANIL KUMAR GOEL
R/O 38, KAILASH NAGAR, BALKESHWAR
AGRA
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. B.C. GUPTA, PRESIDING MEMBER

For the Petitioner :
Mr. Nikhil Jain, Advocate
For the Respondent :

Dated : 20 Dec 2013
ORDER

Heard learned counsel for the petitioner. 2. Learned State Commission dismissed the appeal on account of absence of parties on 13-05-2011. It was observed in the order that inspite of uploading the cause list on website, none was present for the parties and hence appeal stood dismissed in default and for non-prosecution. 3. Learned counsel for the petitioner submitted that petitioner had no notice of the date 13-05-2011 and hence he could not appear before the State Commission and therefore the impugned order should be set aside and appeal be restored. 4. Learned counsel also stated that they had filed application for recall of the said order before State Commission within a few days of the order dated 13-05-2011. The said application was dismissed by the State Commission in July, 2013. 5. Since the appeal has been dismissed in default on the basis of cause list, which was uploaded on website, it is deemed appropriate to set aside the impugned order. It is expected from the State Commission that matters should not be dismissed in default on the basis of uploading on the website. Proper notices should be given to the parties before dismissal of the appeals, etc. 6. Consequently, the revision petition filed by the petitioner is allowed and the impugned order dated 13-05-2011 passed by the State Commission in appeal no. A/626/2005 M/s Hero Honda Motors Ltd. vs. Anil Kumar Goel is set aside and the appeal is restored at its original number. 7. Petitioner is directed to appear before State Commission on 17-02-2014. Dasti, in addition.

 
......................
DR. B.C. GUPTA
PRESIDING MEMBER

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