NCDRC

NCDRC

FA/459/2013

HOLTECH COOP G.H. SOCIETY LTD. - Complainant(s)

Versus

DELHI DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. TRIPAT SINGH

06 May 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 459 OF 2013
 
(Against the Order dated 19/02/2013 in Complaint No. 324/2002 of the State Commission Delhi)
1. HOLTECH COOP G.H. SOCIETY LTD.
Plot No.2,Sector-9, Dwarka,
New Delhi-110 075
...........Appellant(s)
Versus 
1. DELHI DEVELOPMENT AUTHORITY
Viaksh Sadan, INA Market,
New Delhi - 110 023
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Mr. Tripat Singh, Advocate and
Mr. Rattan Chand, Advocate
For the Respondent :

Dated : 06 May 2014
ORDER

Although, on the direction of the office, the Revision Petition filed by the complainant society has been treated as First Appeal but having


 

 

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regard to the nature of the order dated 19.02.2013 passed by the State Commission, we feel that the Revision Petition, initially filed, was maintainable.  In that view of the matter, there was hardly any delay in filing the Revision Petition.

               Let the appeal be retreated as a Revision Petition.

               This Revision Petition is directed against order dated 19.02.2013 passed by the State Consumer Disputes Redressal Commission, Delhi (for short, “the State Commission”) in complaint C-324/02, dismissing the complaint in default as the complainant had remained unrepresented on the date when the impugned order was passed as also on 22.01.2012.  Despite service of notice on DDA, the opposite party, no one has put in appearance on their behalf.  Accordingly, we have heard learned counsel for the petitioner.

               It is submitted by learned counsel appearing for the petitioner that on both occasions, he was slightly late on account of his age and poor health and therefore, proper representation on behalf of the complainant could not be made.  We are satisfied with the explanation furnished by


 

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learned counsel for the complainant.  Accordingly, in the absence of any resistant to the Revision Petition, we set aside order dated 19.02.2013 and restore the aforesaid complaint on the board of the State Commission for disposal of merits, after due notice to the parties.

               Revision Petition stands disposed of accordingly.               

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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