Assam

StateCommission

RA/11/2023

MAHINDRA AND MAHINDRA - Complainant(s)

Versus

KANAKESWAR SENSOWA - Opp.Party(s)

KAUSTUVMALIN MAHANTA

06 Nov 2023

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Review Application No. RA/11/2023
( Date of Filing : 15 Oct 2023 )
In
First Appeal No. A/18/2017
 
1. MAHINDRA AND MAHINDRA
REPRESENTED BY ITS MANAGING DIRECTOR MAHINDRA TOWERS, WORLI ROAD NO 13, WORLI , MUMBAI
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. KANAKESWAR SENSOWA
R/ O KUMARONICHIGA TINALI, SENOSWA NIVAS, P.O. RAJABHETA
DIBRUGARH
ASSAM
2. M/S RD AUTOMOBILES A UNIT OF R D CPMPUTECH AND AGENCIES LTD
REPRESENTED BY ITS MANAGING DIRECTOR, PUSKARA HOUSE, NATUNGAON, NH 37, P.O. MOHANGHAT
DIBRUGARH
ASSAM
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Sushil Kumar Sarma PRESIDING MEMBER
 HON'BLE MRS. Soneka Borah MEMBER
 HON'BLE MR. Tapas Kumar Ghosh MEMBER
 
PRESENT:
 
Dated : 06 Nov 2023
Final Order / Judgement

             Learned Counsel, for the review petitioner is present.

             This is an application under section 50 of the Consumer Protection Act for review of the order dated 21-09-2023 passed in FA 18/2017.

              Learned counsel, for the review petitioner has submitted that the petitioner side has already submitted the written argument on 30/09/2019 but vide order dated 21/09/2023, due to non appearance of the parties the appeal was dismissed for default which is an error apparent on the trace of the record as such submitted to restore the appeal  the file.

             Perusal of the documents submitted by the petitioner. From the Annexure-2 copy of the order dated 30-09-2019 in appearance that the appellant sides has already submitted the written  argument. Vide order dated 21-09-2023 this appeal was dismissed as neither of the party has submitted the written argument. As the appellant side has already submitted the written argument and appeal was dismissed for non appearance and non submission of written argument by the parties which is an error apparent on the face of the record. As such this review petition is allowed and the FA 18/2017 is restored to file. Put up the FA18/2017 along with FA 9/2017 on 17/11/2023 for hearing.

              This review application accordingly stands disposal.

 
 
[HON'BLE MR. Sushil Kumar Sarma]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Soneka Borah]
MEMBER
 
 
[HON'BLE MR. Tapas Kumar Ghosh]
MEMBER
 

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