NCDRC

NCDRC

RP/4866/2012

SOU. ANAGHA PRASANNA WALIMBE - Complainant(s)

Versus

DIVISIONAL RAILWAY MANAGER - Opp.Party(s)

MR. SUMEET LALL

06 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4866 OF 2012
 
(Against the Order dated 18/06/2012 in Appeal No. 385/2005 of the State Commission Maharastra)
1. SOU. ANAGHA PRASANNA WALIMBE
560/1 South Sadar Bazar.
SOLAPUR - 413003
MAHARASTRA
...........Petitioner(s)
Versus 
1. DIVISIONAL RAILWAY MANAGER
Central Railways Solapur Division,
SOLAPUR
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Sumeet Lall, Advocate
Alongwtih Mr. U. Banerjee, Advocate
And Mr. Anirudh, Advocate
For the Respondent :
Mr. Rajeshwar Singh, Advocate

Dated : 06 Sep 2013
ORDER

This revision is directed against the order of the State Commission dated 18.6.2012 whereby the State Commission allowed the appeal preferred by the respondent/opposite party and set aside the order passed by the District Forum concerned in favour of the petitioner. Learned counsel for the petitioner has contended that the impugned order is not sustainable because the State Commission has committed a grave irregularity by deciding the appeal ex-parte against the petitioner without serving the petitioner with the notice of the appeal. -2- Learned Shri Rajeshwar Singh, Advocate for the respondent has fairly conceded that the State Commission ought to have heard the appeal after due notice to the petitioner and stated that respondent has no objection if the impugned order is set aside and the matter is remanded back to the State Commission for deciding the appeal after due hearing to the parties. In view of the facts and circumstances of the case and concession given at the Bar , impugned order of the State Commission is set aside and matter is remanded back to the State Commission to decide the appeal on merits after hearing to the respective parties. Parties are directed to appear before the State Commission on 8.10.2013. Copy of the order be given dasti.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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