NCDRC

NCDRC

RP/2474/2024

THE CELESTIAL PARK HOTEL & ANR. - Complainant(s)

Versus

MAYANK CHATURVEDI - Opp.Party(s)

DR. SARVAM RITAM KHARE & SARVAM RITAM KHARE

03 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2474 OF 2024
(Against the Order dated 07/06/2024 in Appeal No. A/23/1310 of the State Commission Madhya Pradesh)
1. THE CELESTIAL PARK HOTEL & ANR.
NEAR BEST PRIZE HOSHANGABAD ROAD MISROD BHOPAL MP
BHOPAL
MADHYA PRADESH
2. SH RAMIT AHLUWALIA
NEAR BEST PRIZE HOSHANGABAD ROAD MISROD BHOPAL MP
BHOPAL
MADHYA PRADESH
...........Petitioner(s)
Versus 
1. MAYANK CHATURVEDI
9A 450 SAKET NAGAR BHOPAL MP
BHOPAL
MADHYA PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ROHIT KUMAR SINGH,PRESIDING MEMBER

FOR THE PETITIONER :
MS. VRINDA KAPOOR DEV, ADVOCATE
MS. SAUMYA SONI, ADVOCATE

Dated : 03 October 2024
ORDER

Ld. Counsel for the Petitioners has brought to our attention the Order Sheet (at page 41) of the SCDRC, Madhya Pradesh dated 07.06.2024, where the Hon’ble Bench of SCDRC, Madhya Pradesh dismissed the Appeal for non-prosecution.

She also brings to our attention the copy of the Order Sheet of the SCDRC, Madhya Pradesh dated 26.04.2024, where the Order is as follows:-

“The appellants sought time for arguments. The matter is adjourned.

The case be put up for final arguments on 24.06.2024.”

         

It is clearly evident that the case was listed for final arguments on 24.06.2024, which is duly corroborated by the cause list extracts (page 100) at serial number 56 in respect of the Appeal No. 1310 of 2023 before the Ld. State Commission.

          Hence, it can be concluded that non-appearance on 07.06.2024 was not the fault of the Petitioners/Appellants at SCDRC, Madhya Pradesh and the Ld. State Commission has erred in dismissing the case for non-prosecution.

          The case is restored and remanded back to the Ld. State Commission to be decided on merits after hearing both the parties.

          Parties shall appear before the Ld. State Commission on 25.11.2024.

          ‘Dasti’ also permitted.

 
...........................................
ROHIT KUMAR SINGH
PRESIDING MEMBER

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