NCDRC

NCDRC

RP/719/2013

M/S. SAI CONSTRUCTION & ANR. - Complainant(s)

Versus

DEEPAK NAGINDAS LOHAR & ANR. - Opp.Party(s)

MS. JAYASHREE S. KULKARNI & MR. PAWAN KUMAR RAY

27 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 719 OF 2013
 
(Against the Order dated 05/09/2012 in Appeal No. 977/2011 of the State Commission Maharastra)
WITH
IA/1313/2013,IA/5147/2013
1. M/S. SAI CONSTRUCTION & ANR.
R/AT NEAR S.NO-1/2 PLOT NO- 27.28 MORYA COLONY,TALEGAON CHAKAN PHATA, WADGAON MAVAL, TAL MAVAL
PUNE - 412106
MAHARASTRA
2. MRS. JAYASHREE H. KAMBLE
R/AT ROM D, CHAL NO-7, SECTOR- 21 SECHEME NO-9 YAMUNAN NAGAR
PUNE - 44
MAHARASTRA
...........Petitioner(s)
Versus 
1. DEEPAK NAGINDAS LOHAR & ANR.
R/AT ROM D, CHAL NO-7, SECTOR- 21 SECHEME NO-9 YAMUNAN NAGAR
PUNE - 44
MAHARASTRA
2. MR. G.A RAUT.,
PLOT NO-13/18 OMKAR NAGAR, FLAT NO-1 JASWANDI APTS BESIDES SHRIRANG VIHAR SOCIETY, TALEGOAN STATION , TAL MAVAL
PUNE
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :
Mr.Pawan Kumar Ray, Advocate with
Mr.Ritesh Khare, Advocate
For the Respondent :NEMO

Dated : 27 Sep 2013
ORDER

Petitioner has submitted that he could not get certified copy which was applied on 3.01.2012. This revision petition has been filed against the impugned order dated 05.09.2012 passed by learned State Commission in First Appeal No.A/11/977 M/s Sai Construction and others s- Mr.Deepak Lohar & Others by which appeal was dismissed in default. Learned counsel for the petitioner submitted that petitioners counsel could not appear on that day due to health problem and appeal was dismissed by State Commission which may be restored. It was further submitted that he received copy of the impugned order on 20.12.2012 and revision petition filed by him is within limitation. Perusal of record reveals that appeal was dismissed by learned State Commission on account of absence of the petitioner. As revision petition has been filed within period of limitation from receiving copy of the order and appeal has been dismissed in default. I deem it appropriate to accept the revision and restore the appeal. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 05.09.2012 passed by the learned State Commission in First Appeal No.A/11/977 M/s Sai Construction and others s- Mr.Deepak Lohar & Others is set aside and his appeal is restored at its original number. Petitioner is directed to appear before the State Commission on 15.11.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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