NCDRC

NCDRC

RP/2445/2013

M/S. WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LTD. - Complainant(s)

Versus

DR. ARUP KUMAR KAR - Opp.Party(s)

MR. SUNIL GOYAL

19 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2445 OF 2013
 
(Against the Order dated 23/05/2013 in Appeal No. 308/2011 of the State Commission West Bengal)
WITH
IA/4055/2013
1. M/S. WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LTD.
THROUGH ITS AUTHORIZED REP SH BHARAT LAL, A-31, 3RD FLOOR, RAJOURI GARDE, NEAR RAJA GARDEN FLYOVER,
NEW DELHI - 110027
...........Petitioner(s)
Versus 
1. DR. ARUP KUMAR KAR
S/O LATE DHRUBESH CHANDRA KAR, R/O 309 SATYEN ROY ROAD, 2ND FLOOR, P.S BEHALA
KOLKATA - 700 034
W.B
2. GLOBAL STRATEGIC MANAGEMENT CONSULTANCY,
LCC SHARJAH OFFICE NO-702, 7TH FLOOR, JUNIOR BUILDING (NO-307) NEXT TO KFC,BUHERIA CORNICHE,
SHARJAH UAE
...........Respondent(s)

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

For the Petitioner :MR. SUNIL GOYAL
For the Respondent :
Mr. D.K. Mishra, Advocate, R-1
NEMO, R-2

Dated : 19 Aug 2013
ORDER

Heard learned counsel for the petitioner and respondent no. 1. Respondent no. 2 was not served as he was not present on the date of impugned order. Learned counsel for respondent no. 1 admitted receipt of Rs.7,000/-. Learned State Commission vide impugned order dated 23.05.2013 dismissed appeal in default on account of non-appearance of the petitioner, against which this revision petition has filed. Learned counsel for the petitioner submitted that on account of Consumer Court Bar Association call, Advocates not appeared before the State Commission from 22.05.2013 to 31.05.2013 and in such circumstances, counsel for the petitioner could not appear before the learned State Commission and appeal was dismissed in default, which may be restored. Learned counsel for respondent submitted that in Revision Petition in paragraph 11, petitioner has mentioned Resolution whereas in paragraph 13, ground for non-appearance is shown as strike call by lawyers, which is contradictory. It is true that as per Resolution, there was no strike call by the counsels but as per Resolution due to heat, counsel requested State Commission that they would not be appearing from 22.05.2013 to 31.05.2013. A perusal of impugned order reveals that presence of counsel for petitioner has been shown, meaning thereby order itself is contradictory. On the one hand, presence of counsel for petitioner has been shown whereas in the body absence of petitioner counsel has been shown and appeal has been dismissed in default. As there is contradiction in the order itself and as per Resolution of Consumer Court Bar Association for non-appearance of counsel, I deem it proper to allow this revision petition and restore the appeal. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 23.05.2013 passed in FA No. 308/2011 /s. Worldwide Immigration Consultancy Services Ltd. vs. Dr. Arup Kumar Kar & Anr.is set aside and appeal is restored at its original number with no order as to costs. Parties are directed to appear before the State Commission on 27.09.2013.

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

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