NCDRC

NCDRC

RP/2149/2012

M/S. LG ELECTRONICS (INDIA) PVT. LTD. - Complainant(s)

Versus

ASHISH JAIN & ANR. - Opp.Party(s)

MR. SANJAY GUPTA

15 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2149 OF 2012
 
(Against the Order dated 28/04/2011 in Appeal No. 82/2011 of the State Commission Delhi)
1. M/S. LG ELECTRONICS (INDIA) PVT. LTD.
A-27 Mohan Co-operative Ind Area Mathura Road
New Delhi - 110044
Delhi
...........Petitioner(s)
Versus 
1. ASHISH JAIN & ANR.
S/o Not Know the Petitioner R/o Arya Nagar. Nehru Rpad,Barot
Bagpat
U.P
2. M/s Navrang Electronics
F-3/5 Krishna Nagar
Delhi - 110051
...........Respondent(s)

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

For the Petitioner :MR. SANJAY GUPTA
For the Respondent :NEMO

Dated : 15 Feb 2013
ORDER

This Revision is directed against the Order of the State Commission dated 28.04.2011 whereby the State Commission after accepting the appeal filed by R-1 directed the Petitioner as well as R-2 to refund a sum of Rs. 26,300/- (price of the AC) to the Complainant/Respondent No. 1 besides compensation of Rs.30,000/- for harassment and the cost of Rs. 5,000/-. Ld. Counsel for the Petitioner has contended that the order of the State Commission is patently illegal because it has been passed without serving notice of appeal on the Petitioner. Respondent No. 1 has fairly conceded that aforesaid order suffers from legal infirmity therefore he has no objection if the matter is remanded back to the State Commission for disposal of appeal on merits. He, however, has pleaded that since it is an old matter the decision on appeal be made time-bound. In view of the facts narrated above and the concession given at bar, the Revision Petition is accepted. Impugned order of the State Commission is set aside and the matter is remanded back to the State Commission to decide the appeal within six months. Parties are directed to appear before the State Commission on 04.03.2013. No orders as to costs

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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