NCDRC

NCDRC

RP/2381/2013

INDIAN OVERSEAS BANK & 2 ORS. - Complainant(s)

Versus

M/S. MOHAN GENERATOR & PUMP - Opp.Party(s)

M/S. S. SOOD & ASSOCIATES

27 Nov 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2381 OF 2013
 
(Against the Order dated 07/11/2012 in Appeal No. 853/2002 of the State Commission Uttar Pradesh)
WITH
IA/3954/2013,IA/3955/2013
1. INDIAN OVERSEAS BANK & 2 ORS.
THROUGH ITS BRANCH MANAGER, SITUATED AT NATH COMPLEX, M.G ROAD,
AGRA
U.P
2. THE REGIONAL MANAGER, INDIAN OVERSEAS BANK,
NAV CHETNA BUILDING, 3RD FLOOR, 10 ASHOKA MARG,
LUCKNOW
U.P
3. THE CHAIRMAN, INDIA OVERSEAS BANK ,
CENTRAL OFFICE, 763, ANNA SALAI,
CHENNAI
MADRAS
...........Petitioner(s)
Versus 
1. M/S. MOHAN GENERATOR & PUMP
THROUGH ITS MANAGING PARTNER, SH MOHAN SINGH. INDUSTRIAL ESTATE NUNHAI,
AGRA
U.P
...........Respondent(s)

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

For the Petitioner :
Ms. S. Sood, Advocate with
Mr. P. K. Verma, Advocate
For the Respondent :
Mr. Nitin Singh, Advocate

Dated : 27 Nov 2013
ORDER

 

 

JUSTICE J. M. MALIK, PRESIDING MEMBER(ORAL)

1.      Learned counsel for the parties present. 

2.      Learned counsel for the respondent seeks time to file reply.  He should have come prepared with the reply.

3.      Arguments on merits heard.  The State Commission passed the following order on 7.11.2011:

“List has been recalled.  On the website of the Commission, having uploaded list of disputes and having exhibited it on internet and also having given sufficient information, nobody is present from both sides at the time of hearing.

Therefore, it appears clear from the above mentioned fact that appellants have no interest in the proceedings of this appeal.  Therefore, due to absence of both sides, this matter is liable to be dismissed in lack of pursuing it.

                                                          ORDER

Due to absence of both side, in lack of pursuing it the appeal is dismissed.  Both side will bear their on appellate expenses.

 

-3-

A true copy of this judgment be made available to the parties according to the rules.

                                       Sd/-                                                   Sd/-

                             Ram Pal Singh                                Jugal Kishore

                             Presiding Member                          Member”

 

4.      The order was pronounced by Shri Ram Pal Singh, Presiding Member and Mr. Jugal Kishore, Member.  The procedure adopted by them is not recognised by law.  The service should have been effected as per the Consumer Protection Act, 1986.

5.      In the interest of justice, the order dated 7.11.2011 passed by the State Commission is set aside without any condition and the appeal is restored before the State Commission.  The State Commission is directed to decide the appeal afresh on merits.  The parties are directed to appear before the State Commission for 6.1.2014 for further proceedings.

          The revision petition stands disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER

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