NCDRC

NCDRC

RP/2124/2013

BMW INDIA PRIVATE LIMITED - Complainant(s)

Versus

MUKUL AGARWAL & 2 ORS. - Opp.Party(s)

M/S. RAJINDER NARAIN & CO.

17 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2124 OF 2013
 
(Against the Order dated 20/05/2013 in Appeal No. 72/2013 of the State Commission Delhi)
1. BMW INDIA PRIVATE LIMITED
REGD OFFICE AT: 7TH FLOOR, DLF CYBER CITY, PHASE-II
GURGAON
HARYAN - 122001
...........Petitioner(s)
Versus 
1. MUKUL AGARWAL & 2 ORS.
R/O 10/812 CHATTARPUR MINI FARMS, CHATTARPUR MANDIR, ROAD,
NEW DELHI - 110074
2. BAJAJ ALLIANZ GENERAL INSURENCE CO LTD.,
1 DLF INDUSTRIAL AREA, 2ND FLOOR, MOTI NAGAR,
NEW DELHI - 110015
3. BIRD AUTOMOTIVE PVT LTD.,
THROUGH ITS MANAGING DIRECTOR,/ DIRECTORS, REGD OFFICE: E BLOCK, CONNAUGHT HOUSE, CONNAUGHT PLACE,
NEW DELHI - 110001
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr.Rajesh Roshan, Advocate
For the Respondent :
Mr.S.U. Abbas, Advocate for R-1
Ms.Suman Bagga, Advocate for R-2
Mr.Kunal Mehta, Advocate for R-3

Dated : 17 Jul 2013
ORDER

Counsel for the parties have been heard.

        Learned counsel for the petitioner reiterates that the explanation submitted before this Commission on 30.5.2013 that the concerned counsel had wrongly noted the date of hearing as 21.05.2013 instead of 20.05.2013.  Counsel for the respondents have clarified that they have no objection if the petitioner/opp.party is given one more opportunity for filing the written statement before the State Commission subject to costs.

        Considering the same and the fact that only a period of 3 days was involved between the order of the State Commission and the failure to comply with the same, the petition is allowed subject to costs of Rs.10,000/- to be paid to the complainant/Respondent No.1.

        Matter is consequently remanded to the State Commission for consideration of the complaint on merits including opportunity to the opp.party BMW to file written statement before the State Commission.

        Parties to appear before the State Commission on 24.7.2013, the date already fixed.

 

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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