NCDRC

NCDRC

RP/172/2008

THE NEW INDIA ASSURACE CO . LTD - Complainant(s)

Versus

MAA KAMAKHAYA OIL CARRIER - Opp.Party(s)

MR. SANJIV SHARMA

02 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 172 OF 2008
 
(Against the Order dated 23/07/2007 in Appeal No. 1597/2007 of the State Commission Uttar Pradesh)
1. THE NEW INDIA ASSURACE CO . LTD
DELHI REGIONAL OFFICE - I, LEVEL 5, JEEVAN BHARTI BUILDING,
CONNAUGHT PLACE,
NEW DELHI - 110001
...........Petitioner(s)
Versus 
1. MAA KAMAKHAYA OIL CARRIER
G. T. ROAD, ALI NAGAR,
MUGHALSARAI,
CHANDAULI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. SANJIV SHARMA
For the Respondent :
Mr. Rajeev Kumar Singh, Advocate

Dated : 02 May 2012
ORDER

Complaint filed by the respondent was allowed aggrieved against which the petitioner filed an appeal before the State Commission with a delay of 95 days.  State Commission did not condone the delay and dismissed the appeal as barred by limitation.  Aggrieved by the order of the State Commission, present revision petition has been filed.  Revision petition was admitted in the year


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2008 and operation of the order was stayed subject to deposit of the entire amount with this Commission within a period of four weeks.  Amount was deposited. 

Since the matter has been pending for the last four years with us, we deem it appropriate to condone the delay and remand the case to the State Commission with a direction to dispose of the appeal on merits.  Delay in filing the appeal before the State Commission is condoned and the case is remitted back to the State Commission with a direction to dispose of the same on merits in accordance with law.

          Parties through their counsel are directed to appear before the State Commission on 04.07.2012.

          Since it is an old case we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of four months from the date of appearance.

          Office is directed to release the amount deposited by the petitioner along with accrued interest to the petitioner.  Petitioner is directed to deposit the said amount before the State Commission which shall be subject to the decision of the appeal.

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          Revision petition stands disposed of in above terms.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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