NCDRC

NCDRC

RP/1846/2012

MAHINDRA HOLIDAYS & RESORTS INDIA LTD. & ANR. - Complainant(s)

Versus

HITESH JAYANTILAL PATEL & 2 ORS. - Opp.Party(s)

MR. SATYAJIT A. DESAI & ANAGHA S. DESAI

14 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1846 OF 2012
 
(Against the Order dated 05/12/2011 in Appeal No. 819/2008 of the State Commission Maharastra)
1. MAHINDRA HOLIDAYS & RESORTS INDIA LTD. & ANR.
Through its Signatory authority mahindra Towers 2nd floor, 17/18 Patulous Road
Chennai - 02
Tamil Nadu
2. Mahindra Holidays & Resorts India Ltd.,
501 City Towers, Near Bund Gardens, 17 Dholi,Patil Road
Pune - 01
Maharastra
3. Mahindra Holidays & Resorts India Ltd.,
501 City Towers, Near Bund Gardens, 17 Dholi,Patil Road
Pune - 01
Maharastra
...........Petitioner(s)
Versus 
1. HITESH JAYANTILAL PATEL & 2 ORS.
R/o front of Onkarlal School, Maskasath,Itwari
Nagpur
Maharastra
2. Golden Statbles Outsource Services Pvt Ltd.,
DSA of Club Mahindra , Shriram Towers, Sadar
Nagpur
Maharastra
3. Four Seasons Holidays,
Infront of Anand Taquies,Somwari Road, Sitaburdi
Nagpur - 12
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Ms. Anagha S. Desai, Advocate
For the Respondent :
For Respondent No. 1 : Mr. K.B. Dave, Advocate
For Respondents 2 & 3: NEMO

Dated : 14 Aug 2012
ORDER

1.          Counsel for the parties present.  The case was dismissed in default and the State Commission passed the following order:-

“None for the appellant is present.  Their counsel Mr. Satyanathan is also absent.  However, proxy Advocate Shri. Fasate appeared on behalf of Adv. Satyanathan and filed authority letter. None for the Respondents is present.  Proxy Advocate submitted that as legal manager of the appellant is about to take over the charge and after taking the charge, he will issue the cheque for payment of the amount to the Respondent etc.  But on perusal of record, it reflects that on the same ground the appellant sought adjournment thrice from time to time since 20/4/2011.  Though it is submitted that the parties have settled the dispute, none of the parties remain present before this commission.  Hence we decline to adjourn the matter.  Since the appellants as well as their counsel are absent, the appeal is dismissed in default.”

 

2.      The petitioner has been delaying the case unnecessarily and wasting the time of the State Commission. 

3.      In the interest of justice, the appeal is restored subject to deposit of Rs. 5,000/- as cost, which will be deposited with the Consumer Legal Aid Account of this Commission.

4.          Parties are directed to appear before the State Commission on 18.09.2012.  The State Commission is directed to hear the parties after satisfaction that the cost stands paid.  The parties are directed to either make the compromise on 18.09.2012 or in the alternative, the State Commission will proceed with the case as per Law.

5.      The revision petition stands disposed of.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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