NCDRC

NCDRC

RP/1045/2012

M/S. ANSAL HOUSING & CONSTRUCTION LTD. - Complainant(s)

Versus

INDIAN MACHINERY CO. - Opp.Party(s)

MR. KAPIL KHER

30 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1045 OF 2012
 
(Against the Order dated 03/01/2012 in Appeal No. 800/2009 of the State Commission Delhi)
1. M/S. ANSAL HOUSING & CONSTRUCTION LTD.
15 UGF Indira Prakash, 21 Barakhamba Road
New Delhi- 110001
Delhi
...........Petitioner(s)
Versus 
1. INDIAN MACHINERY CO.
1508 Farash khana, GB Road
Delhi - 1100006
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MR. KAPIL KHER
For the Respondent :MD. EHRAZ ZAFAR & MS. POONAM

Dated : 30 Apr 2012
ORDER

O R D E R

 Learned counsel for the petitioner challenges the record of the proceedings recorded by the State Commission on 2.12.2011 as also on 3.1.2012 on the ground that on 2.12.2011, when the appeal was listed for hearing, the counsel for the appellant had appeared before the State Commission and had put his attendance slip in a box kept in the court hall but since the Coram at the Bench was not complete, the court master gave the next date of hearing as 23.7.2012. He however does not dispute that the notice for the date of hearing returnable on 3.1.2012 was received by the appellant but due to certain circumstances, the counsel could not reach the Commission in time. Though he reached late but before that the appeal was dismissed and his presence was also not recorded. Having considered the matter, we are of the opinion that since the appeal of the appellant was not disposed of on merits and has been dismissed in default, it would be in the interest of justice if the appeal is restored on the Board of the State Commission. In the result, we allow the revision petition and restore the appeal to its original number on the Board of the State Commission, which will be subject to cost of Rs.20,000/- out of which Rs.10,000/- shall be paid to the complainant-respondent and the balance amount shall be deposited in the Consumer Legal Aid Account of this Commission. The parties are directed to appear before the State Commission on 18.5.2012. Cost be deposited and paid before that date. The revision petition is disposed of accordingly.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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