NCDRC

NCDRC

RP/3602/2012

HARISHCHANDRA - Complainant(s)

Versus

CHIEF EXECUTIVE ENGINEER, M.P.W.R. ELECTRICITY DISATRIBUTION CO. LTD. & ANR. - Opp.Party(s)

MR. ASHOK SHRIVASTAVA, MR. CHANDRA SHRIVASTAVA & MR. MUKESH SHRIVASTAVA

15 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3602 OF 2012
 
(Against the Order dated 03/08/2012 in Appeal No. 652/2012 of the State Commission Madhya Pradesh)
1. HARISHCHANDRA
S/o Shri Phoolchand Mahajan R/o Village Malyakherada,Tah
Mandsaur
M.P
...........Petitioner(s)
Versus 
1. CHIEF EXECUTIVE ENGINEER, M.P.W.R. ELECTRICITY DISATRIBUTION CO. LTD. & ANR.
-
Mandsaur
M.P
2. Asstt Engineer, M.P.W.R. Elctricity,
Distribution Centre Grid,Village Gujarbardia
Mandsaur
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. S.K. Walia, Advocate
For the Respondent :NEMO

Dated : 15 Feb 2013
ORDER

Learned counsel for the petitioner filed vakalatnama today. Heard the learned counsel for the petitioner. Learned State Commission vide order dated 3.08.12 dismissed the appeal of the petitioner on account of non-appearance on that date and further it was observed that petitioner / appellant was not present before the State Commission on 07.04.2012, 07.06.2012 and 18.07.2012. Learned counsel for the petitioner submitted that on 18.07.2012 case was adjourned to 30.08.2012, but by mistake it was taken on 3.08.2012 and dismissed in default. In support of his contention, he has filed copy of cause-list of 18.07.2012, which apparently reveals that case was adjourned to 30.08.2012. As far 18.07.2012, petitioner has mentioned in memo of revision that on that date mother of petitioner counsel expired and counsel could not appear before the State Commission. Apparently, case was to be taken on 30.08.12 and it appears that by inadvertence it was taken on 03.08.2012 and dismissed in default. As case has been dismissed in default, we deem it proper to restore and remand the case back to the State Commission for disposal in accordance with law. Consequently, the revision petition filed by the petitioner is allowed and impugned order dated 03.08.2012 passed by the learned State Commission in FA No. 652/2012 arishchandra Vs. Chief Executive Engineer, MPWR Distribution Co. Ltd. & Anr.is set aside and appeal is restored at its original number. The State Commission is directed to decide the appeal in accordance with law. The petitioner is directed to appear before the State Commission on 18.03.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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