NCDRC

NCDRC

FA/654/2024

BISHNOO PAL SINGH CHAUHAN, S/O. SRI DEVENDRA SINGH - Complainant(s)

Versus

PARSVANATH BUILDWELL PRIVATE LIMITED - Opp.Party(s)

MR. SUYASH SRIVASTAVA, TARUN MISHRA, ABHISHEK TIWARI & MANISH PANDEY

04 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 654 OF 2024
(Against the Order dated 13/02/2023 in Complaint No. CC/421/2018 of the State Commission Uttar Pradesh)
1. BISHNOO PAL SINGH CHAUHAN, S/O. SRI DEVENDRA SINGH
R/O. B-303/304, SHIV SURBHI, THAKUR VILLAGE KANDIVALI EAST, MUMBAI, MAHARASHTRA-400101
...........Appellant(s)
Versus 
1. PARSVANATH BUILDWELL PRIVATE LIMITED
PARSVNATH METRO TOWER, NEAR SHAHDARA METRO STATION, SHAHDARA, DELHI-110032
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ROHIT KUMAR SINGH,PRESIDING MEMBER

FOR THE APPELLANT :
MR. SUYASH SRIVASTAVA, ADVOCATE
MR. MANISH PANDEY, ADVOCATE
MR. SHUBHENDRA SINGH, ADVOCATE
MR. TARUN MISHRA, ADVOCATE

Dated : 04 October 2024
ORDER

Ld. Counsel for the Appellant has filed IA/14737/2024 in compliance of the direction of this Hon’ble Commission that a copy of the official Complaint to the Bar Council of the Uttar Pradesh against the erstwhile Counsel for his non-appearance before the State Commission, Lucknow leading to ex-parte dismissal of the Complaint, be filed and placed before this Commission.

Ld. Counsel for the Appellant states that the above said Complaint has been filed and a copy of which has been annexed to this IA.

A perusal of the impugned Order clearly indicates that the Complaint was rejected due to non-appearance of parties before the Ld. State Commission, Uttar Pradesh on 13.02.2023. Subsequently, an application to review the above said dismissal for non-prosecution was filed before the Ld. State Commission, Uttar Pradesh on 09.10.2023, which was disposed of on 24.05.2024, with the observation that under the Consumer Protection Act, 1986, the State Commission does not have powers to review its own Orders.

This Appeal has been filed for the Restoration of CC/421/2018 before the SCDRC, Uttar Pradesh.

Accordingly, the Appeal is allowed and CC/421/2018 is restored and remanded back to the Ld. State Commission to be decided on merits after hearing both the parties.

          Parties shall appear before the Ld. State Commission on 21.11.2024.

 
...........................................
ROHIT KUMAR SINGH
PRESIDING MEMBER

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