NCDRC

NCDRC

RP/2734/2012

TATA SKY LTD. - Complainant(s)

Versus

DR. MCR HRD IPA & ANR. - Opp.Party(s)

M/S. KNM & PARTNERS

15 May 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2734 OF 2012
 
(Against the Order dated 24/04/2012 in Appeal No. 973/2010 of the State Commission Andhra Pradesh)
1. TATA SKY LTD.
3rd floor, C-1 Wadi International Centre (Bombay Dyeing) Pandurang Budhkar Marg, Worli
Mumbai - 400 025
Maharastra
...........Petitioner(s)
Versus 
1. DR. MCR HRD IPA & ANR.
Road No-25 Jubilee hills
Hyderabad - 500169
A.P
2. Probes Consulting
7-1-32/5/3 Ist floor, leela Nagar, Begumpur
Hyderabad
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Vineet Sinha, Advocate
For the Respondent :
Respondent No. 1 : Mr. Debojit Borkakati, Advocate

Dated : 15 May 2013
ORDER

Learned counsel for the respondent no. 1 has filed Vakalatnama today. Respondent No. 2 could not be served as new address has not been furnished by the petitioner. Perusal of the impugned order reveals that learned State Commission dismissed the appeal in default and on the day of dismissal of appeal, respondent no. 2 was not present before learned State Commission. In such circumstances, respondent no. 2 need not be served. Heard learned counsel for the parties and perused the record. Learned State Commission dismissed the appeal in default of petitioner vide impugned order dated 24.04.2012. Learned counsel for the petitioner submitted that on account of heavy traffic, counsel for the petitioner could not reach the State Commission on time and appeal was dismissed in default. As the appeal has been dismissed in default, we deem it proper to set aside the impugned order and restore the appeal for disposal on merits. Consequently, the revision petition filed by the petitioner is allowed and impugned order dated 24.04.2012 passed by learned State Commission in F.A. No. 973/2010, Tata Sky Limited Vs. Dr. MCR HRD IPA & Anr. is set aside, subject to payment of Rs. 5,000/- as costs to respondent no. 1 and learned State Commission is directed to decide the appeal on merits after giving an opportunity of being heard to all the parties. All the parties are directed to appear before learned State Commission on 05.07.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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