NCDRC

NCDRC

RP/2785/2013

BHARTI AIRTEL LTD. - Complainant(s)

Versus

BHUPENDER KUMAR KASHYAP - Opp.Party(s)

MR. ROHIT JAIN

30 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2785 OF 2013
 
(Against the Order dated 26/04/2013 in Appeal No. 12/2013 of the State Commission Delhi)
WITH
IA/4780/2013,IA/4781/2013
1. BHARTI AIRTEL LTD.
AIRTEL CENTRE GURGAON, UDYOG VIHAR , PHASE-IV
GURGAON
HARYANA
2. B) BHARTI CRESCENT,
NELSON MANDELA ROAD, VASANT KUNJ , PHASE -1
NEW DELHI - 70
...........Petitioner(s)
Versus 
1. BHUPENDER KUMAR KASHYAP
R/O 1/8 OLD P.M HOUSE, 1 SAFDURJUNG ROAD, (BEHIND INDIRA GANDHI MUSEUM)
NEW DELHI - 110011
...........Respondent(s)

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

For the Petitioner :
Mr. Rohit Jain, Advocate
For the Respondent :
In person

Dated : 30 Sep 2013
ORDER

I.A. NO.4781 OF 2013 Learned counsel for the petitioner states that this application for condonation of delay has been filed as a matter of caution. Otherwise, petitioner has received the copy of the order of the State Commission on 20.5.2013 and he has filed the revision petition within 90 days of the receipt of the copy of the impugned order. As per the report of Registry also there is no delay. Therefore, the application for condonation of delay needs no order. This revision petition is directed against the order of the State Commission dated 26.4.2013 which reads thus: - 6.4.2013 Present: None RP-13/12 This revision comes before us for hearing in the revised list. As none appeared for the revisionist, revision is dismissed in revisionist default. The record be consigned to the record room. Sd/ (Justice Barkat Ali Zaidi) President Sd/- (V.K. Gupta) Member (Judicial) -3- On perusal of the aforesaid order it is evident that the matter was taken up by the State Commission on 26.4.2013 because of the revision of cause list without serving any notice of date of hearing on either of the parties. This conclusion is strengthened by the fact that on the date of hearing neither the appellant nor the respondent was present. Thus, in our view, dismissal of revision petition for non-prosecution without being informed the parties about the date of hearing is in violation of principles of natural justice. Accordingly, revision petition is accepted, impugned order is set aside and the matter is remanded back to the State Commission with the direction to decide the appeal on merits within six months. Parties are directed to appear before the State Commission on 11.11.2013.

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

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