NCDRC

NCDRC

RP/1357/2013

SHIRISH AGGARWAL - Complainant(s)

Versus

ANSAL HOUSING & CONSTRUCTION LTD. & 5 ORS. - Opp.Party(s)

MR. SATISH AGGARWAL

31 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1357 OF 2013
 
(Against the Order dated 20/03/2013 in Appeal No. 1060/2012 of the State Commission Delhi)
1. SHIRISH AGGARWAL
389-390 DS SF, NEW RAJINDER NAGAR,
NEW DELHI - 110060
...........Petitioner(s)
Versus 
1. ANSAL HOUSING & CONSTRUCTION LTD. & 5 ORS.
15 UGF INDRA PRAKASH, 21 BARAKHAMABA ROAD,
NEW DELHI - 110001
2. MR. DEEPAL ANSAL, S/O LATE CHARANJI LAL,
ALSO AT: 57 JOR BAGH
NEW DELHI
3. MR. KUSHNAGAR ANSAL,
15 UGF INDRA PRAKASH, 21 BARAKHAMABA ROAD,
NEW DELHI - 110001
4. MR. SUNIL ANSAL, S/O LATE CHARANJI LAL,
ALSO AT: - N-148 PANCHSHEEL PARK
NEW DELHI - 110001
5. MR. GOPAL ANSAL, S/O LATE SH CHARANJI LAL,
ALSO AT : 57 JOR BAGH
NEW DELHI
6. MR. SUNIL TANEJA, ADDL. GM (MKTG) ANSAL HOUSING & CONSTRUCTION LTD.,
15 UGF INDRA PRAKASH, 21 BARAKHAMABA ROAD,
NEW DELHI - 110001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

For the Petitioner :
Mr.Sushil Kaushik, Advocate
For the Respondent :
Mr.Sidhartha Das, Advocate

Dated : 31 Mar 2014
ORDER

This revision petition is directed against the order of the State Commission dated 20.03.2013 whereby the State Commission dismissed the appeal filed by the petitioner against the order of the District Forum for non-prosecution. 2. Learned counsel for the petitioner submits that the impugned order of the State Commission is not sustainable for the reason that the matter was listed for 20.03.2013 almost four months after the filing of the appeal without prior intimation or notice of date of hearing to the petitioner. This plea of the petitioner is not refuted by the counsel for the respondents. 3. In order to appreciate the plea of the petitioner, it would be useful to have a look on the impugned order, which is reproduced thus: resent: None. FA-1060/12 The case called out repeatedly. Neither the appellant nor the respondent appeared. No counsel appeared on behalf of the appellant. Appeal is dismissed in his default. FDR, if any, be released. 4. On reading of the above, we find that none of the parties was present on the relevant date of hearing and there is no mention of notice having been issued to the petitioner or the respondents. Thus, it is clear that the impugned order was passed by the State Commission without any notice to the petitioner. Therefore, it is not sustainable. Revision petition is allowed. The impugned order is set aside and the matter is remanded back to the State Commission for disposal of appeal on merit after due hearing the parties. Parties are directed to appear before the State Commission on 08.05.2014.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

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