STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW.

REVISION NO.82 OF 2016

(Against the judgment/order dated 01.03.2016 in Complaint Case No.245/2015 of the District Consumer Forum-I, Lucknow.)

Honda Cars India Ltd.,

409, Tower B, DLF Commercial Complex,

Jasola, Delhi-110025.

...............Revisionist

Vs

1. Madhuri Singh, aged about 55 yrs.,

    W/o Sri Virendra Kumar Singh,

    R/o A-1129/5, Indira Nagar,

    Lucknow.

2. M.G. Auto Sales Pvt. Ltd.

    A-16, Indira Nagar, Faizabad Road,

    Lucknow-226016.

    Also at: NH-24, Indira Canal, Faizabad Road,

    Lucknow-227105.

...............Opposite Parties

     BEFORE:

     HON’BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

    HON’BLE MR. JITENDRA NATH SINHA, MEMBER

    HON’BLE SMT. BAL KUMARI, MEMBER

    For the Revisionist              : Abid Alvi, Advocate.

    For the Opposite Parties     : None present.

    Dated: 21.06.2016

JUDGMENT

HON’BLE MR. JUSTICE AKHTAR HUSAIN KHAN (ORAL)

Heard Learned Counsel for revisionist and perused impugned order dated 01.03.2016 as well as impugned order dated 07.01.2016. Vide impugned order dated 01.03.2016 District Consumer Forum has rejected the application moved by OP No.1 and 2 of the complaint whereby OP No.1 and 2 has prayed to recall exparte order passed against them. The said application has not been moved by revisionist OP No.3 and there appears no illegality or irregularity in this order

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dated 01.03.2016, therefore no interference in this order dated 01.03.2016 is justified in this revision filed by revisionist OP No.3.

Vide order dated 07.01.2016 District Consumer Forum has held that the OPs have not filed WS within time fixed by the Consumer Protection Act, 1986, therefore the Forum has closed opportunity to file WS and has proceeded exparte. This order passed by District Consumer Forum is in accordance with provisions of Section 13 (1) (a) and 13 (2) (a) of the Consumer Protection Act, 1986 as well as law laid down by Apex Court in I (2016) CPJ 1 (SC) New India Assurance Co. Ltd. Vs Hilli Multipurpose Cold Storage Pvt. Ltd.

In view of above, we find no justification for interference in the order dated 07.01.2016 also.

In view of above, revision is dismissed summarily.

       (JUSTICE AKHTAR HUSAIN KHAN)

        PRESIDENT

    (JITENDRA NATH SINHA)

MEMBER

  (SMT. BAL KUMARI)

MEMBER

Sarika