NCDRC

NCDRC

RP/371/2010

G. VELLIYAN - Complainant(s)

Versus

M. ARUMUGAM - Opp.Party(s)

IN PERSON

20 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 371 OF 2010
(Against the Order dated 11/12/2009 in Appeal No. 1209/2008 of the State Commission Tamil Nadu)
1. G. VELLIYAN4/32/C, Bharathi Nagar, Jagir AmmapalayamSalem - 636302 ...........Petitioner(s)
Versus
1. M. ARUMUGAMThe Proprietor, Columbia Electronics, Behind Muniappan Koil, New Bus StandSalem - 636304 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 20 Jul 2010
ORDER

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Heard learned amicus curiae on behalf of the petitioner. The petition has been filed challenging the order passed by the State Commission wherein prayer for condoning delay of 1422 days has been dismissed. Consequently, the revision was also dismissed after making observations that the petitioner is free to agitate the issue relating to the jurisdiction of the District Forum to set aside an ex parte decree and proceed with the matter and pass fresh decree. First Appeal No.505 of 2008 is pending before the State Commission. In our opinion, the view taken by the State Commission is perfectly right inasmuch as the present petitioner can agitate the said issue before the State Commission in First Appeal No.505 of 2008. In view of this, we are not inclined to entertain this petition. Revision petition is, therefore, dismissed with no order as to costs.



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER