NCDRC

NCDRC

RP/3106/2013

ALLA BUKX - Complainant(s)

Versus

GENERAL MOTORS PVT. LTD. & ANR. - Opp.Party(s)

M/S. SHIVA & ASSOCIATES

11 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3106 OF 2013
 
(Against the Order dated 11/06/2013 in Appeal No. 312/2012 of the State Commission Tamil Nadu)
1. ALLA BUKX
S/O MR. JAHAKIR, NO-8-5-16, GEORGEPURAM, NILAKKOTTAI,
DISTRICT : DINDIGUL
TAMIL NADU
...........Petitioner(s)
Versus 
1. GENERAL MOTORS PVT. LTD. & ANR.
NANTHANAM
CHENNAI - 600 035
TAMIL NADU
2. GENERAL MANAGER, ANAMALI AGENCIES,
COIMBATORE,
DISTRICT : COIMBATORE,
TAMIL NADU
...........Respondent(s)

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

For the Petitioner :
Mr. G. Siva Balamurugan, Advocate
For the Respondent :
For the Res. No.1 : Mr. Vipin Singhania, Advocate
For the Res. No. 2 : Mr. Madhukar Pandey, Advocate

Dated : 11 Mar 2014
ORDER

Petitioner has filed copy of order sheets. Heard learned Counsel for the petitioner. Learned Counsel for the petitioner submitted that appeal was dismissed in default as no one appeared before the State Commission as Bench shifted from Madras to Madurai and in such circumstances, revision petition be allowed and impugned order be set aside. Learned Counsel for the Respondent No. 2 submitted that revision petition is not maintainable under Section 22A of C.P. Act and apparently, there is no illegality in the impugned order and petitioner was not appearing before the State Commission for 8 hearings; hence, revision petition be dismissed. Perusal of order sheets of State Commission reveals that on number of days both the parties did not appear before State Commission and matter was adjourned for final hearing on 11.6.2013. Counsel for the respondents appeared, but none appeared for the petitioner and appeal was dismissed. Impugned order reveals that State Commission dismissed complaint in default, whereas appeal should have been dismissed in default and in such circumstances, impugned order is apparently illegal. Consequently, revision petition is allowed and impugned order dated 11.6.2013 passed by learned State Commission in Appeal 312/2012 Thiru Alla Bukx Vs. General Motors & Anr. is set aside and appeal is restored to its original number. Parties are directed to appear before the State Commission on 28.4.2014.

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

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