Uttarakhand

StateCommission

FA/12/107

Lt. Col. Amrik Singh (Retd) - Complainant(s)

Versus

Govt. of U.P - Opp.Party(s)

06 Jan 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
First Appeal No. FA/12/107
( Date of Filing : 18 Jul 2012 )
(Arisen out of Order Dated in Case No. of District State Commission)
 
1. Lt. Col. Amrik Singh (Retd)
S/o Sh Teja Singh C/o Late Sh. Dara Singh Bareilly road, Awas Vikas Colony, Kichha, UdhamsinghNagar
...........Appellant(s)
Versus
1. Govt. of U.P
Through the Secretary, Housing and Urban Development, Govt. of U.P. Lucknow
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE D.S. Tripathi PRESIDENT
 
PRESENT:
 
Dated : 06 Jan 2021
Final Order / Judgement

Put up today.  None is present on behalf of the appellant.

Vide order dated 15.12.2020, it was directed that the learned counsel for the appellant be informed about the date fixed in the appeal.

As per office report dated 06.01.2021, notice dated 18.12.2020 was sent to Sh. Yudhvir Handa, learned counsel for the appellant, thereby intimating him to participate in the proceedings of the appeal on 06.01.2021.  The said notice was served upon him on 21.12.2020, but there is no representation on behalf of the appellant, till today.

This appeal was dismissed by this Commission in default of the appellant as well as for want of prosecution vide order dated 22.07.2015.  Revision Petition No. 3101 of 2015; Lt. Col. Amrik Singh (Retired) and another Vs. The Govt. of U.P. and others, was preferred by the appellant before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, which was decided vide judgment and order dated 28.07.2020.  Relevant portion of the said judgment and order is as follows:

“Considering all the facts and circumstances of the case, the impugned order is set aside and the appeal filed by the petitioner before the State Commission is restored, subject to the petitioner depositing an additional amount of          Rs. 10,000/- as cost with the Legal Aid Account of the State Commission within eight weeks from today.  The parties shall appear before the State Commission on 22.09.2020.  No adjournment to any party shall be given on that date and the matter will be heard on merits.”

On 15.10.2020, none was present on behalf of the appellant.  However, vide order dated 15.10.2020, this appeal was restored in the light of aforesaid judgment and order dated 28.07.2020 passed by the Hon’ble National Commission, subject to the condition that the appellant deposits the aforesaid amount of Rs. 10,000/- as cost with the Legal Aid Account of the State Commission, by the next date fixed, i.e., 15.12.2020.

According to office report dated 15.10.2020, no amount has been deposited by the appellant with the Legal Aid Account of the State Commission, in compliance of the judgment and order dated 28.07.2020 passed by the Hon’ble National Commission.

In the application sent by the appellant by e-mail, which was later on also received by post, it has been prayed that the appeal be dismissed as withdrawn.

Since the appellant has not complied with the judgment and order dated 28.07.2020 passed by the Hon’ble National Commission and has not deposited the amount of Rs. 10,000/- as cost with the Legal Aid Account of the State Commission as yet and there is also no representation from the side of the appellant, the appeal is hereby dismissed for want of prosecution.

 
 
[HON'BLE MR. JUSTICE D.S. Tripathi]
PRESIDENT
 

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