NCDRC

NCDRC

RP/2026/2007

CARGO CARRIERS - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

MR. M.S. KOHLI

04 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2026 OF 2007
 
(Against the Order dated 23/03/2007 in Appeal No. 64/2007 of the State Commission Chandigarh)
1. CARGO CARRIERS
1295, SECTOR 37-B
CHANDIGARH
...........Petitioner(s)
Versus 
1. NEW INDIA ASSURANCE CO. LTD.
BRANCH MANAGER, SCO 347-48 SECTOR 35-B
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. D. P. Singh, Authorized
Representative of petitioner
For the Respondent :
Mr. K.K. Bhat, Advocate

Dated : 04 Sep 2014
ORDER

 Heard

          In this revision petition there is challenge to order dated 23.03.2007 passed by State Consumer Disputes Redressal Commission, UT, Chandigarh (for short, ‘State Commission).

          As per the impugned order, none was present before the State Commission on 23.3.3007, though the matter was called twice at different

times. The State Commission after perusing the record, dismissed the appeal of the petitioner on merits in limini.

          As none of the parties were present before the State Commission when the impugned order was passed, therefore it would be in the interest of justice  that impugned order be set aside and both parties be given opportunity to advance arguments on merits.  Accordingly, we set aside the impugned order and remand the matter back to the State Commission for deciding the same afresh, after hearing both parties in accordance with provisions of law.

       

The State Commission shall make an endeavour to dispose of the appeal, preferably within a period of one year from the date of receipt of this order.

With these observations, present revision stand disposed of.

          Parties are directed to appear before the State Commission on 31st October, 2014.

          Dasti to both parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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