NCDRC

NCDRC

RP/2124/2012

KANPUR DEVELOPMENT AUTHORITY - Complainant(s)

Versus

KARUNA SHANKAR SHUKLA - Opp.Party(s)

MR. ABHISHEK CHAUDHARY

26 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2124 OF 2012
 
(Against the Order dated 19/08/2011 in Appeal No. 1292/2009 of the State Commission Uttar Pradesh)
1. KANPUR DEVELOPMENT AUTHORITY
Through its Vice -Chairman, Motijheel
Kanpur
U.P
...........Petitioner(s)
Versus 
1. KARUNA SHANKAR SHUKLA
R/o L-II/77 Gangapur K.D.A. Colony
Kanpur
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Abhishek Chaudhary, advocate
For the Respondent :NEMO

Dated : 26 Jul 2012
ORDER

Heard learned counsel for the petitioner. Petitioner filed an appeal against the respondent before the State Commission, which was dismissed in default vide order dated 19-08-2011. On that date it appears that respondent was also not present. This revision petition has been filed with delay of 79 days. Delay is condoned, in the interest of justice on account of circumstances mentioned in the application. As the appeal was dismissed in default by the State Commission, we deem it proper that in the interest of justice, the appeal should be decided on merits by the State Commission. Consequently, this revision petition is allowed and order dated 19-08-2011 passed by the State Commission in appeal no. 1292/2009 in the case of K.D.A. Vs. Karuna Shanker Shukla is set aside subject to payment of Rs.5,000/- as cost to the respondent and State Commission is directed to decide the appeal on merits after giving an opportunity, of hearing, to both the parties. Petitioner is directed to appear before the State Commission on 19-09-2012.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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