NCDRC

NCDRC

RP/1226/2012

M/S. NITESH COLOR LAB - Complainant(s)

Versus

M/S. JINDAL PHOTO FILM LTD. & 5 ORS. - Opp.Party(s)

MR. NARENDRA BHANDRI

10 Dec 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1226 OF 2012
 
(Against the Order dated 27/02/2012 in Appeal No. 193/2007 of the State Commission Delhi)
1. M/S. NITESH COLOR LAB
Through ts Partner Shri Kishan Lal, 1565 Cinema Street,Gandhi Nagar
New Delhi - 110031
Delhi
...........Petitioner(s)
Versus 
1. M/S. JINDAL PHOTO FILM LTD. & 5 ORS.
56/2 Hanuman Road
New Delhi - 1100001
Delhi
2. Shri Shyam Jindal,Chairman,
M/s Jindal Photo film Ltd.,56/2 Hanuman Road
New Delhi - 1100001
Delhi
3. Mr Shammi Gupta, Director
M/s Jindal Photo film Ltd.,56/2 Hanuman Road
New Delhi - 110001
Delhi
4. M/s Fuji Film., Fuji Photo Film Co Ltd.,
26-30 Nishiazagu 2 Chome, Minat Ku
Tokya - 106620
Japan
5. M/s Fuji Film, Fuji Film Co Ltd.,
C/o Le Meriden Hotel Ltd
New Delhi - 1100001
Delhi
6. ICICI Bank Ltd.,
Videcon Tower, Block E-1 Jhandewalan ,
New Delhi - 110055
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. NARENDRA BHANDRI
For the Respondent :
Mr P Acharya, Proxy Counsel for R 1, 2 & 3
Mr Sumbhan Nagury, Advocate for R 4 & 5
Mr. Punit K Bhalla, Advocate for R 6

Dated : 10 Dec 2012
ORDER

Counsel for the parties present. The case was dismissed in default on 16.07.2010. The following orders were passed by the State Commission. one present for the complainant. Shri Ram Kumar, Clerk of Counsel for OP 1 present. Shri Arvind Shah Counsel for OP no. 4 and 5 present. None for other OPs present. Like earlier dated 18.03.2010, today also none is present for the complainant. The complaint is therefore, dismissed in complainant default We have heard the counsel for the parties. Counsel for the petitioner submitted that the arguing counsel was stuck up in traffic jam and by the time he reached the Commission, the case was already dismissed. We do not agree with this submission. If the case was dismissed in default, the arguing counsel should have approached the Commission immediately and made a request that his presence be recorded. However, in the interest of justice, we restore the complaint before the State Commission, subject to payment of cost of Rs.5,000/-. The cost shall be deposited with the Consumer Legal Aid Account of this Commission within a period of two weeks and the parties are directed to appear before the State Commission on 11th January 2013. The State Commission shall hear the complaint on merit only after the receipt of the cost is produced before it. The matter stands disposed of.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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