NCDRC

NCDRC

RP/236/2013

K. ALFRED - Complainant(s)

Versus

MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD. - Opp.Party(s)

IN PERSON

11 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 236 OF 2013
 
(Against the Order dated 02/11/2012 in Appeal No. 2142/2011 of the State Commission Tamil Nadu)
WITH
IA/432/2013
1. K. ALFRED
S/O S.K DHARARAJ, NO-34/2 EAST VANNIAR STREET, BEST NAMASIVAYAM APTS, K.K NAGAR WEST
CHENNAI - 600078
TAMIL NADU
...........Petitioner(s)
Versus 
1. MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD.
REP BY ITS MANAGING DIRECTOR, TIRUPATI HOUSE, 13 KANNIAH STREET, NEAR NORTH USMAN ROAD, T NAGAR
CHENNAI- 600 017
TAMIL NADU
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :IN PERSON
For the Respondent :
Mr. Rajan Singh, Advocate

Dated : 11 Mar 2014
ORDER

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioner against the order dated 02.11.2012 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, he State Commission in CMP No. 712/2012 in FASR No. 2142/2011 Mahindra & Mahindra Financial Services Ltd. Vs. K. Alfred by which, application for condonation of delay was allowed. 2. Complainant/petitioner filed complaint before District Forum. OP/respondent did not file written statement and was proceeded ex-parte and District Forum allowed complaint and directed OP to pay Rs.10,000/- towards compensation for mental agony and Rs.5,000/- as cost of litigation. Both the parties preferred appeals before State Commission and respondent also filed application for condonation of delay of 200 days. Learned State Commission vide impugned order condoned delay subject to payment of Rs.500/- as cost against which, this revision petition has been filed. 3. Heard petitioner in person and Counsel for respondent finally at admission stage and perused record. 4. Petitioner submitted that learned State Commission has committed error in allowing application for condonation of delay of 200 days without assigning any reason; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that after condonation of delay at the insistence of petitioner both appeals were decided by learned State Commission vide order dated 24.9.2013. In such circumstances, revision petition has become infructuous and may be dismissed. 5. Perusal of record reveals that impugned order dated 2.11.2012 condoning delay was not a speaking order. Record further reveals that after preferring revision, petitioner insisted before State Commission to decide appeal and in such circumstances, learned State Commission decided appeal of both the parties by order dated 24.9.2013. As appeals have been decided finally by the learned State Commission, revision petition challenging order of condonation of delay becomes infructuous and revision petition is liable to be dismissed. Petitioner is free to challenge the order dated 24.9.2013 by filing a fresh revision petition in which he can also challenge the order dated 2.11.2012 regarding condonation of delay. 6. Consequently, revision petition filed by the petitioner is dismissed as having become infructuous with no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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