NCDRC

NCDRC

RP/3208/2013

SOUTH DELHI MUNICIPAL CORPORATION - Complainant(s)

Versus

GAURA DEVI - Opp.Party(s)

MS. ANUJA SAXENA

27 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3208 OF 2013
 
(Against the Order dated 06/05/2013 in Appeal No. 809/2012 of the State Commission Delhi)
WITH
IA/5618/2013,IA/5821/2013
1. SOUTH DELHI MUNICIPAL CORPORATION
THROUGH ITS COMMISSIONER, SDMC, 3RD FLOOR, DR.SHYAMA PRASAD MUKHERJEE, CIVIC CENTRE, J.L NEHRU MARG,
DELHI - 1100002
...........Petitioner(s)
Versus 
1. GAURA DEVI
W/O SHRI BUDHU RAM, R/O D-940, J.J COLONY, TIGRI,
NEW DELHI - 62
...........Respondent(s)

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

For the Petitioner :
Ms. Anuja Saxena &
Mr. Yogesh Bhardwaj, Advocates with
Ms. Yoshoda, Co. SDMC
For the Respondent :
In person with
Mr. Heera Mojaka, Auth. Rep.

Dated : 27 Jan 2014
ORDER
PER JUSTICE J.M. MALIK

 

           Counsel for the parties present.  Due to inadvertence we did not order the litigation charges.  Respondent-Smt. Gaura Devi is present.  First of all, petitioner will pay litigation charges in the sum of Rs. 7,500/- through demand draft in her name. Arguments on merits also heard.  The impugned order runs as follows:-

06.05.2013

Present: None for the appellant.

  Respondent in person.

FA-809/12

The appeal called out.  None for the appellant South Delhi Municipal Corporation despite repeated calls.  Appeal dismissed in appellant’s default.  FDR, if any deposited, be released forthwith.”

          On 06.05.2013, respondent/complainant was present before the State Commission.  She is also present today.  Counsel for the appellant before the State Commission was not present.  The  record also  shows

 

that the appellant/petitioner was proceeded against exparte before the District Forum as well.  The only idea is to harass the poor lady.

          In the interest of justice, we accept the revision petition and restore the case before the State Commission subject to payment of Rs. 7500/- as costs, which will  also be paid to Smt. Gaura Devi through demand draft in her name.  Both the costs in the sum of Rs. 15,000/- be paid by one demand draft before the State Commission.  The State Commission is directed to decide the case as per Law.  The State Commission will proceed further in the case, after satisfaction that the demand draft is given to the complainant Smt. Gaura Devi, in its presence; otherwise it can dismiss the case for non-prosecution.

          Parties are directed to appear before the State Commission on 07.03.2014, at 10-30 A.M. sharp.

 

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

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