NCDRC

NCDRC

RP/1405/2013

M/S. SACHEDEVA TRANSPORT CO. - Complainant(s)

Versus

NAIMUDDIN SHEIKH & 3 ORS. - Opp.Party(s)

MR. V.P. SHARMA

29 Nov 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1405 OF 2013
 
(Against the Order dated 25/04/2012 in Appeal No. 1649/1999 of the State Commission Uttar Pradesh)
1. M/S. SACHEDEVA TRANSPORT CO.
6/145 SAKSARIYA SCHOOL ROAD, BALAGUNJ, THROUGH SRI KUMAR SACHDEVA, R/O 65 SURYA NAGAR,
AGRA
U.P
...........Petitioner(s)
Versus 
1. NAIMUDDIN SHEIKH & 3 ORS.
A-6-234M KAMLA NAGAR
AGRA
U.P
2. M/S SHINE DISEAL TRADING CO PVT LTD,
10/22 KATRA WAZIR KHAN, HATHRAS ROAD,
AGRA
U.P
3. M/S DURGESH AGENCIES,
THROUGH SIR VINOD KUMAR VERMA, SHEETAL GUNJ BANSI,
SIDDARTH NAGAR
4. M/S NEW MILK TRANSPORT CO (REGD).
THROUGH SRI SUBHASH CHAND, HEAD OFFICE 241 TRANSPORT NAGAR,
KANPUR
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Nikhil Jain, Proxy counsel
For the Respondent :

Dated : 29 Nov 2013
ORDER

Heard learned proxy counsel for the petitioner. Learned State Commission dismissed the appeal on account of absence of petitioner on 25-04-2012. It was observed in the order that inspite of uploading cause list on website; petitioner was not present so appeal stands dismissed for want of prosecution. Learned counsel for the petitioner submitted that petitioner had no notice of the date of 25-04-2012 so he could not appear before State Commission, hence impugned order be set aside and appeal be restored. As appeal has been dismissed in default on the basis of cause list, which was uploaded on website, we deem it appropriate to set aside the impugned order. It is expected from the State Commission that matter should not be dismissed in default on the basis of uploading on the website. Notice should be given to the parties before dismissal of the appeal, etc. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 25-04-2012 passed by learned State Commission in Appeal No. 1049 of 1999 Sachdeva Transport vs. Naimuddin Shiekh is set aside and appeal is restored at its original number. As appeal is 14 years old, State Commission is directed to decide it on merits expeditiously after notice to the respondents. Petitioner is directed to appear before State Commission on 04-02-2014.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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