NCDRC

NCDRC

RP/1711/2018

MAKE MY TRIP (INDIA) PVT. LTD. - Complainant(s)

Versus

NAGARAJU NAMU & 2 ORS. - Opp.Party(s)

M/S. GNP LEGAL

05 Apr 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1711 OF 2018
 
(Against the Order dated 16/03/2018 in Appeal No. 99/2018 of the State Commission Chhattisgarh)
1. MAKE MY TRIP (INDIA) PVT. LTD.
DLF BUILDING NO. 5, TOWER C, DLF CYBER CITY DLF PHASE 2, SECTOR 25,
GURUGRAM
HARYANA
...........Petitioner(s)
Versus 
1. NAGARAJU NAMU & 2 ORS.
CLERICAL STAFF KARNATAKA BANK, STATION ROAD BRANCH,
DURG
CHHATTISGARH
2. RATHIKANT KHELGE
CLERICAL STAFF KARNATAKA BANK, STATION ROAD BRANCH,
DURG
CHHATTISGARH
3. RAJSHEKHAR REDDY
CLERICAL STAFF KARNATAKA BANK, STATION ROAD BRANCH,
DURG
CHHATTISGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. DINESH SINGH,MEMBER

For the Petitioner :
Mr. Prince Pawaiya, Advocate
Ms. Peri Surya Yashodhara, Advocate
For the Respondent :

Dated : 05 Apr 2019
ORDER

          Heard the learned counsel for the revision petitioner (Make My Trip (India) Pvt. Ltd.).  Perused the material on record.

          The District Forum vide its Order dated 27.09.2017 had allowed the complaint on merit:

           

  1. The opposite party to pay to the complainant Fare, fooding and other expenses Rs.1,500/- + Hotel Fare of Rs.1,013/- + Vishakhapatnam to Arku travelling charges Rs.90+ Arku to Vishakhapatnam return traveling expenses Rs.315+ Vishakhapatnam’s Hotel Fare Rs.2,714 + Return travelling fare from Vishakhapatnam to Durg alongwith Fooding etc. Rs. 1,500 and One day’s salary (of three persons) Rs.3000/-, total to the tune of Rs.10,132/- (Rupees Ten Thousand One Hundred Thirty Two only) with interest from opposite party from Durg Vishakhapatnam;

  2. Opposite party should also provide interest at the rate of 12 percent per annum till the payment date from the date of presentation 23.04.2016 on the said amount to the complainant.

  3. The Opposite party pay Rs 30,000 (Rupees Thirty thousand) to the complainant towards mental agony;

  4. The Opposite party to pay Rs. 5,000/- to the complainant as litigation expenses.

          The State Commission vide its Order dated 16.03.2018 had dismissed the appeal on limitation:

 

17.   Thus, the application filed by the appellant (O.P.) under Section 5 of the Limitation Act Read with Section 151 CPC & Section 15 of the Consumer Protection Act, 1986 for condonation of delay in filing the instant appeal is hereby rejected.   Consequently, the appeal also stands dismissed.

 

          This revision petition has been filed against the said Order dated 16.03.2018 of the State Commission.

          On 14.02.2019 the following Order was passed by this Commission:

The learned proxy counsel for the petitioner requests for adjournment. 

Perused the material on record.

        The District Forum vide its Order dated 27.09.2017 had allowed the complaint.

        The State Commission vide its Order dated 16.03.2018 had dismissed the appeal.

        We have perused the proceedings before the Registry dated 10.07.2018, 27.08.2018 & 30.08.2018, as well as the previous Orders dated 22.10.2018, 06.12.2018 & 07.02.2019 before the Bench.

        In the facts and specificities of the case, we deem it appropriate that the petitioner shall deposit the entire decretal amount (with clear and cogent calculation sheet) before the District Forum within two weeks from today, before this case is, now, taken up for hearing on admission.

        List on 11.03.2019 for hearing on admission.

 

          The direction contained in the Order dated 14.02.2019 to deposit the entire decretal amount (with clear and cogent calculation sheet) before the District Forum within two weeks from the date of the Order has not been complied with.

          During the course of arguments, the learned counsel for the revision petitioner, on instructions, submitted that the revision petitioner would like to withdraw its revision petition.

          The revision petition is dismissed as withdrawn, without the option to file it again before this Commission.

Needless to add, the District Forum shall proceed for execution of its Order as per the law.

The learned counsel for the revision petitioner, on instructions, submitted that the revision petitioner shall comply with the Order of the District Forum within four weeks from today.        

Let a copy each of this Order be sent to the District Forum and to the respondents – complainants within ten days by the Registry.

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
DINESH SINGH
MEMBER

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