NCDRC

NCDRC

RP/986/2012

PRABIR G. DASTIDAR - Complainant(s)

Versus

ICICI BANK LTD. - Opp.Party(s)

M/S. KHAITAN & CO.

03 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 986 OF 2012
 
(Against the Order dated 03/02/2012 in Appeal No. 511/2011 of the State Commission Delhi)
1. PRABIR G. DASTIDAR
B-518 Kendriya Vihar Sector-51
Noida - 201 301
U.P
...........Petitioner(s)
Versus 
1. ICICI BANK LTD.
Regioanal Office, ICICIC bank Tower,NBCC Place, Bishma Pitama Marg, Pragati Vihar
New Delhi - 110 003
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Snehal K., Advocate
For the Respondent :
Mr. Ajay Saroya, Advocate

Dated : 03 Aug 2012
ORDER

The State Commission has dismissed the appeal in default of non-prosecution as the counsel for the petitioner did not appear on the date fixed.  Since the State Commission does not have the

jurisdiction to recall or review its own order, petitioner has filed the present revision petition seeking setting aside of the order.  Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission for a fresh decision on merits in accordance with law.

Mr. Ajay Saroya, Advocate puts in appearance on behalf of the respondent.

          Limited notice issued to the respondent is made absolute.  In the interest of justice, the impugned order dismissing the appeal for non-prosecution is set aside and the appeal is restored to its original number.  Case is remitted back to the State Commission to decide it afresh in accordance with law.

          Parties through their counsel are directed to appear before the State Commission on 01.10.2012.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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