NCDRC

NCDRC

RP/1481/2013

RANJAN SHARMA - Complainant(s)

Versus

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. KRISHNA KANT SHUKLA & MR. SUMANT BHARDWAJ

04 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1481 OF 2013
 
(Against the Order dated 21/11/2012 in Appeal No. 782/2003 of the State Commission Uttar Pradesh)
WITH
IA/2677/2013
1. RANJAN SHARMA
S/O SHRI R.D SHARMA, R/O HS-34 KRISHNAPURAM, G.T ROAD,
KANPUR - 7
U.P
...........Petitioner(s)
Versus 
1. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY
H-169 SECTOR-GAMMA, GREATER NOIDA - 201308
GAUTAM BUDH 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. Krishna Kant Shukla, Advocate
For the Respondent :NEMO

Dated : 04 Jul 2013
ORDER

Heard learned counsel for the petitioner. By impugned order dated 21.11.2012, the appeal was dismissed in default as petitioner did not appear before State Commission in spite of uploading information on website of the State Commission. Learned counsel for the petitioner submitted that his appeal was consolidated with cross appeal no. 686/2003 filed by the respondent vide ordersheet dated 25.08.2004 even then, State Commission has committed error in dismissing only petitioner appeal. Hence, revision petition be allowed and matter be restored back. Perusal of the ordersheet of cross appeal no. 686/2003, Greater Noida Industrial Development Authority Vs. Ranjan Sharma reveals that both the appeals have been consolidated and petitioner appeal has not been detached. There was no occasion to dismiss only petitioner appeal without detaching it and as per the statement of learned counsel for the petitioner, another appeal no. 686/2003 is still pending before the State Commission and listed for arguments on 03.10.2013. This appeal has been dismissed on account of uploading information on the website of the State Commission, which is not proper information to the party. Learned State Commission should not dismiss appeals only on the ground of uploading information on the website of State Commission but appeal should be dismissed only after service of notice on the party. Consequently, revision petition is allowed and impugned order dated 21.11.2012 passed by learned State Commission in appeal no. 782/2003, Ranjan Sharma Vs. Greater Noida Industrial Development Authority is set aside and appeal is restored at its original number. Learned State Commission is directed to decide this appeal alongwith appeal no. 686/2003. Petitioner is directed to appear before learned State Commission on 03.10.2013, the day another appeal has already been listed.

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

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