NCDRC

NCDRC

RP/2718/2013

DIVISIONAL RAILWAY MANAGER.,& 2 ORS. - Complainant(s)

Versus

KALLOO MAHARAJ PANDIT - Opp.Party(s)

MRS. REKHA AGGARWAL

03 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2718 OF 2013
 
(Against the Order dated 06/02/2013 in Appeal No. 3245/2003 of the State Commission Uttar Pradesh)
WITH
IA/4620/2013
1. DIVISIONAL RAILWAY MANAGER.,& 2 ORS.
JHANSI RAILWAY MANDAL,
JHANSI
U.P
2. STATION SUPERINTENDENT,
RAILWAY STATION,
MAHOBA
U.P
3. GENERAL MANAGER,
CENTRAL RAILWAY,
MUMBAI
MAHARASTRA
...........Petitioner(s)
Versus 
1. KALLOO MAHARAJ PANDIT
S/O SH.BIHARI LAL PANDIT, R/O NAIKANPUR,
MAHOBA
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mrs. Rekha Aggarwal, Advocate
For the Respondent :
NEMO

Dated : 03 Sep 2013
ORDER

PER JUSTICE J.M. MALIK, PRESIDING MEMBER

 

            Counsel for the petitioner is present.  She submits that the sum of Rs. 10,000/- has been paid directly to the respondent-Kalloo Maharaj Pandit. 

 

2.      None is present for the respondent till 12.00 noon.

3.      We have heard the counsel for the petitioner.

4.      The State Commission passed the following order (English Translation):

         

 “Appeal No. 3245/2003

06.02.2013

The Cause list has been completed.  Nobody has appeared on the side of the Appellant despite the fact that the cause list of the Commission has been loaded on the website of the Commission and available on the internet.

From this it is clear that the appellant has no interest in the appeal.  Therefore, the appeal is dismissed on account of non-appearance of the appellant as well as non-prosecution.

 

Sd/-                                                                   Sd/-

SAA Rizvi                                                        Jugal Kishore

Chairman                                                         Member”

 

5.      It is noticed that Shri S.A.A. Rizvi, Chairman and Sh. Jugal Kishore, Member are not following the directions of this Commission.  This tantamounts to the contempt of Court.  Earlier too, we have been

ordered that the cause list of the Commission, which is loaded on the website of the Commission and available on the Internet is a wrong procedure.  The service of the parties must be affected as provided in the C.P. Act.

6.      It has also come to our notice that the stay order was passed in the year 2003 and after ten years, the impugned order was passed, which on the face is illegal.

7.      The State Commission is directed to send the notices as per procedure laid down in the C.P. Act in future; otherwise serious view will be taken.

8.      It is also surprising to note that Shri Kalloo Maharaj Pandit has not come despite accepting a sum of Rs. 10,000/-.  He was also served by this Commission on 14.08.2013.  In the interest of justice, we set aside the order passed by the State Commission without any condition and direct the parties to appear before the State Commission on 21.10.2013.

9.     The State Commission is directed to expedite this case because it is more than one decade old case.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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