NCDRC

NCDRC

RP/2213/2013

MY CAR PVT. LTD. - Complainant(s)

Versus

DR. RAHUL THAKUR - Opp.Party(s)

MR. J.P. YADAV & MR. RAMESH YADAV

07 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2213 OF 2013
 
(Against the Order dated 19/03/2013 in Appeal No. 109/2010 of the State Commission Delhi)
WITH
IA/3671/2013
1. MY CAR PVT. LTD.
84/54 C JARIB CHOWKI, G.T ROAD,
KANPUR
U.P
...........Petitioner(s)
Versus 
1. DR. RAHUL THAKUR
S/O SHRI SATISH THAKUR, R/O H.NO-122/367 SWAROOP NAGAR, KANPUR NAGAR
U.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. J.P. Yadav, Advocate
For the Respondent :NEMO

Dated : 07 Aug 2013
ORDER

Petitioner has filed copies of order sheets of State Commission. 2. Heard learned counsel for the petitioner and perused record. 3. Perusal of record reveals that appeal of the petitioner was dismissed by learned State Commission vide impugned order dated 19-03-2013 as none appeared for the petitioner as well as for the respondent. Perusal of the earlier order sheets also reveals that after 28-03-2011 petitioner has not appeared before learned State Commission though on 12-03-2012 counsel for respondent no. 2 appeared and matter was adjourned for 06-09-2012. On 06-09-2012 also none of the parties appeared and the matter was adjourned for 19-03-2013. On that date none appeared and by impugned order, the appeal was dismissed in default. 4. Learned counsel for the petitioner submitted that he was coming by road in the car but on account of some problem in the car, he could not appear before the State Commission in time and appeal was dismissed, hence revision petition be allowed. 5. As appeal has been dismissed by learned State Commission on account of non-appearance of the petitioner, we deem it proper to allow the revision petition and restore the appeal for decision on merits for the reasons mentioned in the revision petition for non-appearance on that date. 6. Consequently, the revision petition filed by the petitioner is allowed and impugned order dated 19-03-2013 passed by the learned State Commission in appeal no. 2010/109 M/s Car Pvt. Ltd. Vs. Dr. Rahul Thakur is set aside and appeal is restored at its original number, subject to deposit of Rs.5,000/- as costs with the State Commission, within four weeks. Learned State Commission, after giving an opportunity of being heard to both the parties, shall decide the appeal as per law. 7. Petitioner is directed to appear before State Commission on 13-09-2013.

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

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