NCDRC

NCDRC

RP/3093/2013

ETC NETWORK LTD. (FORMERLY ZEE INTERACTIVE LEARNING SYSTEMS LTD.) - Complainant(s)

Versus

CONSUMER EDUCATION RESEARCH CENTRE & ANR. - Opp.Party(s)

MR. NAGARAJ V. HOSKERI

13 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3093 OF 2013
 
(Against the Order dated 06/08/2013 in Appeal No. 256&807/2012 of the State Commission Maharastra)
WITH
IA/5417/2013
1. ETC NETWORK LTD. (FORMERLY ZEE INTERACTIVE LEARNING SYSTEMS LTD.)
(FORMELY ZEE INTERACTIVE LEARNING SYSTERMS LTD)., 3RD FLOOR, VALECHA CHAMBERS, PLOT NO-B-6, ANDHERI LINK ROAD, ANDHERI (WEST)
MUMBAI - 400 053
MAHARASTRA
...........Petitioner(s)
Versus 
1. CONSUMER EDUCATION RESEARCH CENTRE & ANR.
SURAKSHA SANKOOL, SARKHEJ GANDHI NAGAR HIGHWAY, THALTEJ,
AHMEDABAD - 380054
MAHARASTRA
2. MRS. KIRAN R. YADAV,
12A, DEVALAYA BUNGLOW, NEAR NAGAR, PALIKA CHANDKHEDA , NEW C.G ROAD,
AHMEDABAD - 382475
MAHARASTRA
...........Respondent(s)

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

For the Petitioner :MR. NAGARAJ V. HOSKERI
For the Respondent :
Ms. Aditi Mishra, Advocate

Dated : 13 Jan 2014
ORDER

Learned counsel for the respondent has filed Vakalatnama and admitted receipt of Rs. 5,000/-. Heard learned counsel for the parties finally at admission stage. Learned counsel for the petitioner submitted that petitioner moved application for taking affidavit and two documents on record in support of his application for condonation of delay before the State Commission, which was dismissed by the State Commission vide impugned order against which this revision petition has been filed. Learned counsel for the petitioner submitted that affidavit and documents in support of application for condonation of delay ought to have been taken on record and application should have been decided. Hence, revision petition be allowed and impugned order be set aside. On the other hand, learned counsel for the respondent submitted that as there is no whisper of the facts contained in the application and affidavit in the application for condonation of delay, the State Commission rightly dismissed the miscellaneous application, hence revision petition be dismissed. When the State Commission was considering application alongwith documents to ascertain whether there was any whisper of the facts contained in the affidavit and documents in application for condonation of delay, the State Commission ought to have allowed the application and taken affidavit and documents on record and then should have decided application for condonation of delay. Without taking documents on record, they could not have been considered. In the interest of justice, we deem it appropriate to allow revision petition. Consequently, revision petition is allowed and impugned order dated 06.08.2013 passed by the State Commission in M.A. No. 12/256, ETC Network Ltd. vs. Consumer Education Research Centre & Ors. is set aside and application dated 06.08.2013 filed by the petitioner alongwith affidavit and documents is allowed to be taken on record, subject to payment of Rs. 2,000/- as cost to the respondent. Matter is remanded back to the State Commission to decide application for condonation of delay, after considering the affidavit and documents filed alongwith application dated 06.08.2013. Parties are directed to appear before the State Commission on the date already fixed i.e. 16.01.2014.

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

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