NCDRC

NCDRC

RP/3559/2013

NGDA WATCHES PVT. LTD. - Complainant(s)

Versus

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

MR. A.P. WACHASUNDAR

06 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3559 OF 2013
 
(Against the Order dated 16/07/2013 in Appeal No. 220/2012 of the State Commission Maharastra)
1. NGDA WATCHES PVT. LTD.
THROUGH ITS DIRECTOR, SHRI BEHRAM MINOO PATEL, R/O 125, KATOL ROAD, OPP TIDKE HIGH SCHOOL , SADAR,
NAGPUR
MAHARASTRA
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE COMPANY LTD.
BRANCH-15, A.D, COMPLEX, MOUNT ROAD EXTENSION, SADAR
NAGPUR
MAHARASTRA
...........Respondent(s)

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

For the Petitioner :MR. A.P. WACHASUNDAR
For the Respondent :

Dated : 06 Dec 2013
ORDER

Heard learned counsel for the petitioner. The State Commission vide order dated 16.07.2013 dismissed appeal filed by the petitioner, as none appeared on that day before the State Commission. Learned counsel for the petitioner submitted that he was out of station, so appeal was dismissed in default, which may be restored. Perusal of record reveals that by order dated 27.09.2012, delay of 37 days for filing the appeal was condoned by the State Commission, subject to payment of cost. On 16.07.2013 as well as on 15.01.2013, learned counsel for the petitioner was out of station and could not appear before the State Commission, hence appeal was dismissed in default on 16.07.2013. On that day, learned counsel for the respondent was also not present. As appeal has been dismissed in default on account of non-appearance and learned counsel for the respondent was also not present on that day, we deem it appropriate to allow this Revision Petition and restore appeal at its original number. Consequently, Revision Petition filed by the petitioner is allowed and impugned order dated 16.07.2013 passed by the State Commission in First Appeal No. FA/12/220, NGDA Watches Pvt. Ltd. vs. The Oriental Insurance Co. Ltd. is set aside, subject to depositing Rs. 5,000/- with Legal Aid Fund of the State Commission and appeal is restored at its original number. Petitioner is directed to appear before the State Commission on 10.01.2014 and the State Commission will proceed in accordance with law after hearing both the parties.

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

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