NCDRC

NCDRC

RP/2441/2013

M/S. GUNJAN CLOTH STORE & SARI SHOWROOM - Complainant(s)

Versus

ORIENTAL INSURANCE COMPANY LTD. - Opp.Party(s)

M/S. R.R. & ASSOCIATES

15 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2441 OF 2013
 
(Against the Order dated 29/11/2012 in Appeal No. 1665/2005 of the State Commission Uttar Pradesh)
1. M/S. GUNJAN CLOTH STORE & SARI SHOWROOM
THROUGH ITS PROP SH.KRISHNA KUMAR AGARWAL, R/O 13/04-C NUNHAI RAMBAGH,
AGRA
U.P - 282006
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE COMPANY LTD.
THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, IIND FLOOR, LIC BUILDING,SANJAY PLACE,
AGRA
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. Lav Kumar Agrawal, Advocate
For the Respondent :

Dated : 15 Apr 2014
ORDER

Petitioner has filed I.A. No. 4045/2013, better application for condonation of delay alongwith envelope. Heard learned counsel for the petitioner. I.A. No. 4045/2013 is allowed and application alongwith envelope is taken on record. Petitioner has filed this revision petition against the order dated 29.11.2012, by which, appeal was dismissed in default by the State Commission alongwith application for condonation of delay of 20 days in filing revision petition. Learned counsel for the petitioner submitted that copy of impugned order was received by the petitioner on 08.03.2013 and revision petition has been filed on 26.06.2013, meaning thereby, after a delay of 20 days. As there is delay of only 20 days in filing revision petition, application for condonation of delay is allowed and delay of 20 days stands condoned. Learned counsel for the petitioner submitted that as appeal has been dismissed in default on the basis of uploading cause list on website, impugned order be set aside and appeal be restored. Perusal of impugned order reveals that the State Commission dismissed appeal, on the basis of uploading cause list on website and on that day, neither the appellant nor the respondent was present. On number of occasions, we have observed that appeal should not be dismissed on the basis of uploading cause list on website and in such circumstances, impugned order is liable to be set aside. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 29.11.2012, passed by the State Commission in Appeal No. 1665/2005, M/s Gunjan Cloth Store and Sari Showroom vs. The Oriental Insurance Company Ltd. is set aside and matter is remanded back to the State Commission to decide appeal on merits after giving an opportunity of being heard to both the parties. Petitioner is directed to appear before the State Commission on 19.05.2014.

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

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