ORDER (ORAL) At the outset, Mr. B. S. Sharma, who has entered appearance on behalf of the Respondent, states that the travel and allied expenses, as directed, have still not been received by the Complainant. Learned -2- Counsel appearing for the Petitioners, on the other hand, states that since the cheque for the said amount sent at the address of the Respondent given in the Memo of Parties name, had been received back undelivered, the same was handed over to the Counsel appearing for the Complainant in the District Forum. Since the statement made on behalf of the Petitioners is disputed by the Complainant, who is present in person, we direct that if the said amount has still not been paid by the Petitioners to the Complainant against receipt, the same shall be remitted directly to him C/o Police Station, Nagina Dehat, District Bijnor, Uttar Pradesh. REVISION PETITION This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), by the Union of India through the Superintendent of Post Offices, Badaun, is directed against the order dated 25.07.2011, passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh at Lucknow (for short “the State Commission”) in Appeal No.1369 of 2008. By the impugned order, the State Commission has dismissed the Appeal preferred by the Petitioners herein for want of prosecution as despite due notice by putting the Cause List on the Internet, the Petitioners remained unrepresented before the State Commission. -3- Having heard learned Counsel for the parties, and bearing in mind the fact that the factum of the Cause List, showing the date of hearing of the Appeal, being available on the internet is not disputed and the fact that the Complainant is waiting for refund of a paltry sum of ₹1,300/-, deposited by his son in the Recurring Deposit Account, since the year 1997, we do not find it to be a fit case for remand to the State Commission for a fresh adjudication on merits, even if we were convinced that the Petitioners did not receive notice for actual date of hearing. Consequently, the Revision Petition fails and is dismissed accordingly, with no order as to costs. |
