NCDRC

NCDRC

RP/60/2013

HYUNDAI MOTOR INDIA LTD. & ANR. - Complainant(s)

Versus

M/S. FLORA EXPORTS & 2 ORS. - Opp.Party(s)

M/S. FOX MANDAL & CO.

28 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 60 OF 2013
 
(Against the Order dated 20/11/2012 in Appeal No. 2051/2008 of the State Commission Haryana)
WITH
IA/84/2013,IA/535/2013
1. HYUNDAI MOTOR INDIA LTD. & ANR.
tHROUGH ITS AUTHORIZED SIGNATORY, A-30 MOHAN COOPERATIVE INDUSTRIAL AREA, MATHURA ROAD,
NEW DELHI - 110 044
2. THE MANAGING DIRECTOR,
PLOT NO-1,SIPCOT INDUSTRIAL PARK, IRUNGATTAKKOTTAI NHO, SRIPEREMBUDUR, TALUK,
KANCHIPURAM
TAMIL NADU
...........Petitioner(s)
Versus 
1. M/S. FLORA EXPORTS & 2 ORS.
THROUGH ITS PARTNER, SHRI DINESH JAIM SECTOR-29, HUDA,GT ROAD,
PANIPAT
HARYANA
2. M/S. SAMTA MOTORS PRIVATE LTD.,
THROUGH ITS DIRECTOR, 119/8 MILE STONE . GT ROAD,
KARNAL - 132102
HARYANA
3. M/S SAMTA MOTORS,
NEAR RADHA SWAMI SATSANG BHAWAN, SECTOR-18, HUDA, GT ROAD,
PANIPAT
HARYANA
...........Respondent(s)

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

For the Petitioner :
Ms. Anisha Singh, Advocate
For the Respondent :
For the Respondent 1
For the Resp. 2 &3
In Person
NEMO

Dated : 28 Feb 2013
ORDER

Heard Ms. Anisha Singh, learned counsel for the petitioners and Mr. Dinesh Jain, respondent No. 1 in person. 

Notices have not been served on respondents No. 2 and 3 and they did not appear.  Notices were not required to be served as at the time of dismissal of appeal in default, learned counsel for the respondents No. 2 and 3 were not present before the learned State Commission. 

Learned State Commission vide impugned order dismissed the appeal on account of non-appearance of appellant/petitioner.  The appeal is pending since 2008.  It would be appropriate to restore the appeal to its original number for decision on merits as learned counsel for the appellant could not appear before the State Commission on account of noting wrong date.

 Consequently, the revision petition is allowed and the impugned order dated 20.11.2012 passed in first appeal No. 2051 of 2008-M/s Hundai Auto India Pvt. Ltd. Vs. M/s Flora Exports is set aside, subject to cost of Rs.5,000/- to be paid to the respondent.

The appeal is restored at its original number.  Learned State Commission is directed to decide the appeal after giving opportunity of being heard to both the parties at the earliest as the appeal is pending since last five years.  The parties are directed to appear before the learned State Commission on 10.04.2013.

 

 

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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