MUKESH GUPTA V/S U.P. AVAS EVAM VIKAS PARISHAD - Consumer Court Case

NCDRC

RP/4053/2009

U.P. AVAS EVAM VIKAS PARISHAD - Complainant(s)

Versus

MUKESH GUPTA - Opp.Party(s)

MR. VISHNU SHARMA

19 Nov 2009

ORDER

Date of Filing: 03 Nov 2009
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4053/2009
(Against the Order dated 25/11/2008 in Appeal No. 2954/2003 of the State Commission Uttar Pradesh)

1. U.P. AVAS EVAM VIKAS PARISHADThrough Its Proprietor Shri Siddharth Ramanand Palang . R/o. Marcela Ponda Goa						...........Appellant(s)
Vs.
1. MUKESH GUPTAR/o.H.No. 369. San Francis Vaddo St. Estevem II has Goa						...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER

For the Appellant :

MR. VISHNU SHARMA

For the Respondent :

NEMO

Dated : 19 Nov 2009

ORDER

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Heard the counsel for the petitioner. State Commission has dismissed the appeal as barred by time as there was a delay of 75 days in filing the appeal before the State Commission. We agree with the said finding that no ground for condonation of delay had been made out.

State Commission has dismissed the appeal on merits as well, Petitioner did not file its written statement. The averments made in the complaint remained unrebutted. In the absence of any defence, the District Forum was right in taking the facts stated in the complaint to be correct. Dismissed.

......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER