NCDRC

NCDRC

RP/3126/2012

EXECUTIVE OFFICER, KERALA BUILDING & OTHER CONSTRUCTION WORKERS WELFARE BOARD & ANR. - Complainant(s)

Versus

LALITHA RAJAN - Opp.Party(s)

MR. ASHIK K. MOHAMED ALI & MR. RAJAN P. KALIYATH

07 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3126 OF 2012
 
(Against the Order dated 31/05/2012 in Appeal No. 533/2011 of the State Commission Kerala)
1. EXECUTIVE OFFICER, KERALA BUILDING & OTHER CONSTRUCTION WORKERS WELFARE BOARD & ANR.
Idukki, Thodupuzha, P.O
Idukki
Kerala
2. The Chairman, Kerala Building and Other Construction Worker Welfare Board
-
Thiruvananthapuram
Kerala
...........Petitioner(s)
Versus 
1. LALITHA RAJAN
W/o Late Rajan, Thonikkuzhiyil House Vannapura,,P.o
Iduki
kerala
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

For the Petitioner :
Mr.Rajan P. Kaliyath, Advocate
For the Respondent :
Mr.C.M. Jayakumar, Adv. and
Mr.Satheesh Mohanan, Adv.

Dated : 07 Feb 2013
ORDER

This revision petition is directed against the order of the State Commission dated 25.01.2012 dismissing the appeal filed by the petitioners against the order of the District Forum for non-prosecution and also against the order dated 31.05.2012 of the State Commission whereby the State Commission dismissed the application filed by the petitioners for restoration of the appeal in the light of the judgment of the Honle Supreme Court in the matter of Rajeev Hitendra Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr. (2012) (1) CPR 78 (SC) wherein the Supreme Court held that the District Forum and the State Commission have no power to review their orders. 2. Learned counsel for the respondent submits that the respondent has no objection if the impugned order is set aside and the matter is remanded back to the State Commission for hearing the appeal on merits subject to payment of cost to the respondent in order to compensate her for the delay caused. 3. Taking into the facts and circumstances of the case and the concessions given at the Bar, the revision petition is accepted subject to cost of Rs.20,000/- to be remitted by the petitioners by way of Bank Draft in favour of the respondent within two weeks. The impugned orders are set aside and the matter is remanded back to the State Commission for disposing of appeal on merits. The State Commission is requested to decide the appeal within three months. 4. Parties are directed to appear before the State Commission on 05.03.2013. 5. It is made clear that if the respondent fails to produce the proof of compliance of order of cost before the State Commission, the revision filed by the petitioner shall be deemed to have been dismissed.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

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