NCDRC

NCDRC

RP/2831/2013

PRADEEP KUMAR SINGH - Complainant(s)

Versus

MAHINDRA & MAHINDRA FINANCE SERVICES LTD. & ANR. - Opp.Party(s)

MR. S.S. AKHTAR & MR. SAURABH KUMAR

23 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2831 OF 2013
 
(Against the Order dated 18/07/2013 in Appeal No. 97/2013 of the State Commission Uttar Pradesh)
WITH
IA/4873/2013
1. PRADEEP KUMAR SINGH
Present Address-J/95 Nurshing Tola, Dhoop Dhandi, Durvasa Ashram, Varanasi. ALSO At-R/o. Village & P.O. Purev
Jaunpur
Uttar Pradesh
...........Petitioner(s)
Versus 
1. MAHINDRA & MAHINDRA FINANCE SERVICES LTD. & ANR.
Sadhna House, II Floor 570 P.V. Marg, Worli
Mumbai-400018
Maharashtra
2. Mahindra & Mahindra Finance Services Ltd.
Near Radiation Hotel. Cantt. The Mall Road
Varanasi
Uttar Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

For the Petitioner :
Mr.Saurabh Kumar and Mr.S.S. Akhtar, Advs.
For the Respondent :
Mr.Amit Singh, Advocate

Dated : 23 Oct 2013
ORDER

This revision petition is directed against the order of the State Commission dated 18.07.2013 whereby the State Commission allowed the revision petition preferred by the respondent/OP against the interim order dated 09.07.2013 passed by the District Forum on the issue of pecuniary jurisdiction without even serving a notice of the revision petition on the petitioner/complainant. 2. Learned counsel for the petitioner has contended that the impugned order is violative of principle of natural justice. The State Commission has passed the impugned order without referring to the pleadings of the parties and without even giving an opportunity of being heard to the petitioner/complainant. It is thus urged that the impugned order may be set aside and the matter be remanded back to the State Commission for disposal of the revision petition after giving due hearing to the parties. 3. Learned counsel for the respondents has fairly conceded that the impugned order has been passed by the State Commission without serving notice of the revision petition on the petitioner / opposite party and submitted that respondents have no objection if the impugned order is set aside and the matter is remanded back to the State Commission for disposal after giving due hearing to the parties. 4. On perusal of the impugned order, I find that it has been passed in absence of the petitioner without serving notice on him. The impugned order is, thus, violative of principles of natural justice. Therefore, it cannot be sustained. The impugned order is set aside and the matter is remanded back to the State Commission for deciding the revision petition on merits after hearing the parties. 5. The parties are directed to appear before the State Commission on 26.11.2013.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

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