NCDRC

NCDRC

FA/156/2012

RAJESH KUMAR ATMAPRASAD PANDEY - Complainant(s)

Versus

M/S. KRYPTON CONSTRUCTION PVT. LTD. - Opp.Party(s)

MR. SATBIR PILLANIA

12 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 156 OF 2012
 
(Against the Order dated 09/01/2012 in Complaint No. 63/2009 of the State Commission Maharastra)
1. RAJESH KUMAR ATMAPRASAD PANDEY
Through his father and Constituted Attorney Shri Atmaprasad Pandey, Residing at 2266/198 Sec. Colony, Antop Hill,
Mumbai - 400 037
Maharastra
...........Appellant(s)
Versus 
1. M/S. KRYPTON CONSTRUCTION PVT. LTD.
312, Commerce House, 140 N.M. Road, Fort,
Mumbai - 400 023
Maharastra
...........Respondent(s)

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

For the Appellant :MR. SATBIR PILLANIA
For the Respondent :
Mr. Abhinav Agrawal, Advocate

Dated : 12 Jul 2012
ORDER

Application for condonation of delay is accepted and delay is condoned for the reasons mentioned in the application. Heard learned counsel for the appellant and respondent. Learned counsel for the appellant prays that by inadvertence, wrong dates were recorded and appellant/complainant could not attend hearing of the case and matter was dismissed in default, hence impugned order may be set aside and matter may be remanded back to the State Commission for deciding the matter on merits. Learned counsel for the respondent also agrees subject to payment of cost. Consequently, appeal is accepted and impugned order dated 09.01.2012 passed by State Commission in complaint case No.63/2009 is set aside on the payment of Rs.2,000/- as cost by the appellant to the respondent and matter is remanded back to the State Commission for decide the matter on merits after giving an opportunity of being heard to both the parties. Parties are directed to appear before the State Commission on 16.8.2012.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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