NCDRC

NCDRC

RP/2244/2012

NATIONAL INSURANCE CO. LTD. - Complainant(s)

Versus

M/S. WHIRLPOOL OF INDIA - Opp.Party(s)

M/S. PRADEEP GAUR & ASSCOCIATES

08 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2244 OF 2012
 
(Against the Order dated 09/02/2012 in Appeal No. 1012/2007 of the State Commission Delhi)
1. NATIONAL INSURANCE CO. LTD.
Regional Office No-1 Jeevan Bharti 124 Connought Circus
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. M/S. WHIRLPOOL OF INDIA
Through Mr Kailasj Aggarwal Seniro Manager, Legal, Registerd Office at 7th floor Atma Ram House,' 1 Tolstoy Marg
New Delhi - 110001
Delhi
...........Respondent(s)

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

For the Petitioner :
Mr. Pradeep Gaur, Advocate
For the Respondent :
Mr. Sandeep Choudhary, Advocate

Dated : 08 Oct 2012
ORDER

1.          Counsel for the petitioner present.  The appeal was dismissed in default by the State Commission vide its order dated 09.02.2012, which is reproduced as follows:-

1. This appeal comes in revised list. Like earlier none for

      the appellant despite repeated calls.

2.       Sh. Ashish Virmani Counsel for the respondent present.

3.      This appeal is dismissed in appellant’s default.  Record be consigned.

2.      We have heard the counsel for the parties.  Counsel for the Respondent has objection and he argues that this case should not be restored.  He has invited our attention towards the fact that his counsel Sh. Ashish Virmani remained present in the State Commission and the petitioner is deliberately delaying the case. 

3.      In the interest of justice, we restore the appeal pending before the State Commission subject to payment of cost of Rs. 5,000/-, which will be deposited with the Consumer Legal Aid Account of this Commission. Parties are directed to appear before the State Commission on 19.11.2012. The State Commission will hear the parties after satisfying that the costs of Rs. 5,000/- stand paid, receipt be produced before the State Commission.

4.      This revision petition stands disposed of.

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

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