NCDRC

NCDRC

FA/135/2016

FORD INDIA PVT. LTD. - Complainant(s)

Versus

LALIT KUMAR & ANR. - Opp.Party(s)

M/S. KOCHHAR & CO.

06 Jun 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 135 OF 2016
 
(Against the Order dated 19/10/2015 in Complaint No. 14/2015 of the State Commission Rajasthan)
1. FORD INDIA PVT. LTD.
HAVING ITS OFFICE AT S.P. KOIL POST,
CHENGALPATTU-603204
...........Appellant(s)
Versus 
1. LALIT KUMAR & ANR.
R/O. PLOT NO. 105, RADHA GOVIND COLONY, SIKAR ROAD,
JAIPUR
RAJASTHAN
2. K.S. FORD THROUGH MANAGER,
K.S. CARS LIMITED, NEW SANGANER ROAD, SODALA,
JAIPUR-19
RAJASTHAN
...........Respondent(s)

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

For the Appellant :
Mr. Dhruv Wahi, Advocate with
Mr. Mohit Bhardwaj, Advocate
For the Respondent :
For the Respondent No.1 : Mr. Sabyasachi Mishra, Advocate
For the Respondent No.2 : NEMO

Dated : 06 Jun 2016
ORDER

JUSTICE J. M. MALIK, PRESIDINGE MEMBER

1.      Counsel for the parties present. The main order was passed by the State Commission on 19-10-2015. The order runs as follows:

          “Counsel for complainants Sh. Kamal Chamaria, Advocate present.

          AD of Respondent No.1 received but none present. Ex parte proceedings against respondent No.1 initiated.

          On behalf of respondent No.2, Shri Purshottam Vyas, Advocate filed his vakalatnama and reply.

          Copy of reply be given to advocate for complainant. List the matter again on 26-11-2015 for evidence of complainant.”

 

2.      The petitioner’s review petition was dismissed. First of all it is not understood why the review petition was moved before the State Commission when it is well known that the State Commission cannot review its order. The State Commission dismissed the review petition vide order dated 18-01-2016. It is clear that the intention of the opposite party is to delay the case unnecessarily. The review petition was filed as against the order dated        19-10-2015 after a delay of some period which was not counted by the counsel for the opposite party. It is difficult to fathom how many mistakes of the counsel, the court can condone, only on the guise that otherwise the opposite party will suffer. It has also come to our notice that a sum of Rs.2,500/- as costs was given as litigation charges. That amount also appears to be on the lower side. Keeping in view, the facts and circumstances we hereby accept the revision petition, set aside the ex parte order subject to payment of Rs.25,000/- as costs which be paid to the complainant, Lalit Kumar directly through demand draft before the State Commission. The parties are directed to appear before the State Commission on 15-07-2016. The amount be paid before the State Commission otherwise the State Commission will be at liberty to proceed against ex parte against the petitioner. Written statement be filed on 15-07-2016 itself otherwise the right to file the written statement shall stand forfeited. The State Commission is directed to expedite this case.

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

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