NCDRC

NCDRC

RP/3854/2013

KESRI DEVI - Complainant(s)

Versus

MAHINDRA AND MAHINDRA FINANCE LIMITED & 2 ORS. - Opp.Party(s)

MS. SANGEETA SHARMA

22 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3854 OF 2013
 
(Against the Order dated 13/09/2013 in Appeal No. 152/2013 of the State Commission Himachal Pradesh)
1. KESRI DEVI
W/O SH.AMAR NATH, R/O VILLAGE BARI, P.O DIYOLA, TEHSIL CHURAH
DISTRICT : CHAMBA
H.P
...........Petitioner(s)
Versus 
1. MAHINDRA AND MAHINDRA FINANCE LIMITED & 2 ORS.
PALAMPUR
DISTRICT : KANGRA
H.P
2. THE BRANCH MANAGER, MAHINDRA & MAHINDRA FINANCE LTD.,
BRANCH OFFICE AT PAREL CHAMBA TOWN,TEHSIL &
DSITRICT : CHAMBA
H.P
3. ICICI LOMBARD GENERAL INSURANCE
COMPANY,SCO-24-25,SECTOR-8-C,
CHANDIGARH-PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MS. SANGEETA SHARMA
For the Respondent :
For the Respondent Nos. 1&2 : Mr. Amit Singh, Advocate
For the Respondent No. 3 : Mr. Navneet Kumar, Advocate

Dated : 22 Jan 2014
ORDER

Learned counsel for respondent no. 3 has filed Vakalatnama. Heard learned counsel for the parties finally at admission stage. Learned counsel for the petitioner submitted that his appeal was dismissed in default, which may be restored. Learned counsel for the petitioner further submitted that wrong date of 13.10.2013 was noted down by learned counsel for the petitioner appearing before the State Commission instead of 13.09.2013, so could not appear on 13.09.2013 and matter was dismissed in default. Hence, revision petition be allowed and impugned order be set aside. Learned counsel for the respondents have no objection except objection of cost. As matter was dismissed in default on account of noting wrong date, we deem it appropriate to allow the revision petition, subject to cost. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 13.09.2013, passed by the State Commission in First Appeal No. 152/2013, Kesri Devi vs. Mahindra and Mahindra Finance Ltd. & Ors. is set aside, subject to payment of Rs. 1,000/- as cost to respondent nos. 1 and 2 and Rs. 1,000/- to respondent no. 3 and appeal is restored at its original number. Parties are directed to appear before the State Commission on 25.02.2014 and the State Commission will dispose of the appeal in accordance with law.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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