NCDRC

NCDRC

RP/3187/2015

P.I.O. SOCIETY FOR NATURE EDUCATION & HEALTH - Complainant(s)

Versus

MAHINDRA KUMAR JENA & ANR. - Opp.Party(s)

MR. SHAKTI K. PATTANAIK

18 May 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3187 OF 2015
 
(Against the Order dated 15/09/2015 in Appeal No. 394/2015 of the State Commission Orissa)
WITH
IA/9289/2015
1. P.I.O. SOCIETY FOR NATURE EDUCATION & HEALTH
BHUBANESAWR, PLOT NO. 19, AND 20 VIP AREA NAYAPALLI
BHUBANESWAR
ODISHA
...........Petitioner(s)
Versus 
1. MAHINDRA KUMAR JENA & ANR.
AT CHATIKONA, P.O./VIA BISSAMCUTTACK
RAYAGAGA
ODISHA
2. THE DSWO,
AT P.O. RAYGADA, DISTRICT
RAYGADA
ODISHA
...........Respondent(s)

BEFORE: 
 HON'BLE DR. B.C. GUPTA, PRESIDING MEMBER

For the Petitioner :MR. SHAKTI K. PATTANAIK
For the Respondent :

Dated : 18 May 2016
ORDER

Heard the learned counsel for the petitioner.

          The learned counsel has drawn my attention to the impugned order dated 15.9.2015 passed by the State Commission, Odisha, according to which the appeal filed by the petitioner stood dismissed for non-prosecution. Learned counsel stated that the advocate for the petitioner could not attend the hearing on the said date before the State Commission,  because he
 

 

missed the list due to oversight. Moreover, the State Commission had wrongly observed that the petitioner had failed to deposit the security deposit.

           Keeping in view the averments made by the petitioner, it is felt that it shall be in the interest of justice, if  the petitioner is allowed to place its case before the State Commission. The order passed by the State Commission is, therefore, set aside and this revision petition is allowed. Petitioner is directed to appear before the State Commission on 14.7.2016 for further proceedings.

          It is also observed that the issue in question has already been deliberated upon by a three Members Bench of this Commission in R.P. No.3146 of 2012, Sanjay Kumar Mishra vs. Public Relation Officer and order dated 8.1.2015 has already been passed. The State Commission may keep in mind  the conclusion arrived at in the said case by this Commission,  while dealing with the issue.

         

 
......................
DR. B.C. GUPTA
PRESIDING MEMBER

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