NCDRC

NCDRC

RP/3426/2013

CITY CARS, AUTH. DEALER MARUTI SUZUKI INDIA LIMITED - Complainant(s)

Versus

LIONS CLUB, REWA & ANR. - Opp.Party(s)

MR. RITESH KHARE

24 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3426 OF 2013
 
(Against the Order dated 07/08/2013 in Appeal No. 2045/2010 of the State Commission Madhya Pradesh)
WITH
IA/6101/2013
1. CITY CARS, AUTH. DEALER MARUTI SUZUKI INDIA LIMITED
THROUGH SHRI NEERAJ AGARWAL,MD AUTHORIZED DEALER MARUTI SUZUKI, 3 BODH KALA, PANNA ROAD,
SATNA
M.P
...........Petitioner(s)
Versus 
1. LIONS CLUB, REWA & ANR.
THROUGH LIONS EYE HOSPITAL, BEHIND SWAMBAR VIVAH GHAR, KOTHI ROAD
REWA
M.P
2. PROP. AND MANAGER, MARUTI INDIA LTD.
PALAM ROAD
GURGAON
HARYANA
...........Respondent(s)

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

For the Petitioner :
Mr. Ritesh Khare, Advocate
For the Respondent :
For Respondent No. 1 : Ms. Pragati Neekhra, Advocate
For Respondent No. 2 : NEMO

Dated : 24 Feb 2014
ORDER
PER JUSTICE J.M. MALIK

 

1.      Counsel for the parties present.  Respondent No. 2 has not turned up despite service through speed post.  The impugned order was passed on 07.08.2013, which runs as follows:-

“None for the appellant.

Sh. Deepesh Shukla, learned counsel for the respondent No. 1.

Sh. Udai Palnitkar, learned counsel for respondent No.2.

The appellant was absent on 17.9.2012, 19.11.2012 and 17.4.2013 as well.  This shows that the appellant is not interested in pursuing this appeal.

The appeal is dismissed for want for prosecution.”

 

2.      The above order sheet clearly shows that the appellant did not appear on 4 dates.  This only happens with the service provider, but not with the consumer. The intention is to delay the case unnecessarily.  It clearly shows negligence, inaction and passivity on the part of the petitioner. 

 3.      In the interest of justice, we hereby restore the case before the State Commission subject to payment of Rs. 5,000/- as costs, which will be paid to the respondent Lions Club Rewa, through demand draft in person.

4.      The case stand restored.  Parties are directed to appear before the State Commission on 03.04.2014.  The State Commission will satisfy that the costs stand paid and will hear the case expeditiously as per Law.

5.      The Revision Petition stands disposed of.

 

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

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