STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. R/117/2017
(Against the order dated 04-07-2017 in Complaint Case
No. 132/2014 of the District Consumer Forum-I, Agra )
- Anjani Nursing Home
Through its Director
Address – Sector 12 D 575
Behind the Central Jail Ajeeta –
Awas Vikas Colony, Sikandara
District Agra
- Sri Narendra Singh
S/o Sri Hari Singh Verma
Director of Anjani Nursing Home
R/o House No. 575 Sector 12D
Behind the Central Jail Ajeeta
Awas Vikas Colony Sikandara
District Agra
- Dr. R P Singh
Posted at S. N. Hospital
Police Station Kotwali Noori
Darwaja, District Agra
...Revisionists
Vs.
Km.Prachi Jain
D/o Sri Vijay Kumar Jain Minor
Under Guardianshi of her Father
Sri Vijay Kumar Jain
R/o House No.652 L.I.G. Sector-8
Awas Vikas Colony Sikandara
District Agra
...Opposite party
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Revisionist : Mr. Mukesh Chandra Gupta, Advocate.
For the Opposite Party :
Dated : 19-09-2017
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Mr. Mukesh Chandra Gupta, learned Counsel for the revisionists appeared.
Heard learned Counsel for the revisionist and perused impugned order dated 04-07-2017 passed by District Consumer Forum-I, Agra in Complaint Case No. 132/2014 Km. Prachi Jain V/s Anjali Nursing Home and others
:2:
whereby the District Consumer Forum has rejected application moved by opposite party of said complaint to recall exparte order passed against him.
It is contended by learned Counsel for the revisionist that on 07-04-2017 the revisionist has filed written statement alongwith application supported with affidavit to take the same on record but the District Consumer Forum has rejected application on the ground that it has no sufficient ground to recall exparte order.
Perusal of impugned order shows that revisionist has failed to file written statement on date fixed before District Consumer Forum.
Considering the proposition laid down by Hon’ble Apex Court in the case of Reliance General Insurance Company Limited and another V/s M/s. Mampee Timbers and Hardwares Pvt. Ltd. and another Civil Appeal No…….of 2017 (D. No. 2365 of 2017) the revision petition is finally disposed of with liberty to the revisionist to move application before District Consumer Forum for accepting written statement. If the revisionist moves application before District Consumer Forum, the District Consumer Forum shall pass appropriate order in the light of proposition laid down by Hon’ble Apex Court in the above case.
Let copy of this order be made available to the parties as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
