NCDRC

NCDRC

RP/3244/2014

M/S. PARAS HOLIDAYS PVT. LTD. & 2 ORS. - Complainant(s)

Versus

DR. ROOPALI AGARWAL - Opp.Party(s)

MR. D. RAJESHWAR RAO & MR. DEEPAK TYAGI

14 Oct 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3244 OF 2014
 
(Against the Order dated 09/07/2014 in Appeal No. 403/2013 of the State Commission Delhi)
1. M/S. PARAS HOLIDAYS PVT. LTD. & 2 ORS.
321-322 GOLD PLAZA BUILDING GURUDWARA ROAD, KAROL BAGH
NEW DELHI- 110005
2. MS. SAPNA JAIN MD
M/S. PARAS HOLIDAYS PVT. LTD. 321-322 GOLD PLAZA BUILDING GURUDWARA ROAD, KAROL BAGH
NEW DELHI- 110005
3. MR. NAVEEN JAIN ( DIRECTOR)
M/S. PARAS HOLIDAYS PVT. LTD. 321-322 GOLD PLAZA BUILDING GURUDWARA ROAD, KAROL BAGH
NEW DELHI- 110005
...........Petitioner(s)
Versus 
1. DR. ROOPALI AGARWAL
11/99 MANEKSHAW MARG DELHI CANT
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. D. Rajeshwar Rao, Advocate with
Mr. Charanjit Singh, Advocate
For the Respondent :
In Person

Dated : 14 Oct 2014
ORDER

 

 

JUSTICE J. M. MALIK, PRESIDING MEMBER(ORAL)

1.      Learned counsel for the petitioners present.  The respondent is also present in person.  The State Commission passed the following order:

                             “9.7.2014

                             FA-403/13

                             Present : Shri Deepak Tyagi, counsel for the Appellant

                             Respondent in person

          The appellant has failed to pay the cost of Rs.10,000/- imposed on him on the last date.  Under these circumstances the appeal is dismissed as the adjournment for today was subject to payment of cost of Rs.10,000/-.

FDR, if any deposited by the appellant be released in favour and file be consigned to Record Room.”

2.      Learned counsel for the petitioners submits that the petitioners have already deposited Rs.10,000/- with the State Commission but they are unable to show the proof.

3.      The respondent states that he has received Rs.10,000/- as costs.

       

-3-

In the interest of justice, we restore the first appeal before the State Commission and direct the parties to appear before the State Commission on 5.11.2014 for final disposal of this case.  The State Commission will see to it that its order dated 9.7.2014 stands complied with otherwise the State Commission will be at liberty to dismiss the case for non-prosecution.

          The grouse of the respondent is that the petitioner does not appear regularly on each and every date.  The State Commission will see to it that both the parties will appear and the case be decided expeditiously.

          The revision petition is disposed of accordingly.

         

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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