NCDRC

NCDRC

RP/2157/2011

DR. MADAN C. PAUL - Complainant(s)

Versus

CENTRAL UNIVERSITY TEACHERS WELFARE HOUSING SOCIETY - Opp.Party(s)

MR. SANJOY KUMAR GHOSH

02 Feb 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2157 OF 2011
 
(Against the Order dated 31/03/2011 in Appeal No. 340/2009 of the State Commission Delhi)
1. DR. MADAN C. PAUL
54, DAKSHINPURRAM, JNU
NEW DELHI-110067
DELHI
...........Petitioner(s)
Versus 
1. CENTRAL UNIVERSITY TEACHERS WELFARE HOUSING SOCIETY
14,DAKSHINPURRAM, JNU
NEW DELHI-110067
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Sanjoy Kumar Ghosh, Advocate
Ms. Rupali S. Ghosh, Advocate
For the Respondent :
Mr. Anand, Advocate
Ms. Rajshree N. Reddy, Advocate

Dated : 02 Feb 2012
ORDER

Present proceedings are directed against the order dated 31.03.2011 passed by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission on an application moved by the petitioner herein seeking recall of the order dated 9.11.2009 by which the appeal filed by the petitioner was dismissed as withdrawn with permission to approach the appropriate forum. By the impugned order, the State Commission has declined the prayer by referring to the order 23 of the CPC. One of the objections raised by the respondent is in regard to the maintainability of the present proceedings against the impugned order and he submits that only remedy available was to challenge the order dated 09.11.2009 by which the appeal was dismissed as withdrawn with some liberty. At this stage, Mr. Ghosh counsel for the petitioner seeks to withdraw the present petition with liberty to amend the memo of appeal so as to file a joint appeal against both the orders dated 09.11.2009 as also the subsequent order dated 31.03.2011 passed by the State Commission. The revision petition as such is dismissed as withdrawn with the liberty as aforesaid. Two weeks time is granted to petitioner to file the appropriate proceedings in accordance with law.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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