NCDRC

NCDRC

RP/301/2013

SPRINGWOOD SENIOR SECONDARY SCHOOL - Complainant(s)

Versus

PAWAN PORWAL & ANR. - Opp.Party(s)

MR. PAWAN KUMAR RAY

22 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 301 OF 2013
 
(Against the Order dated 08/10/2012 in Appeal No. 2542/2009 of the State Commission Madhya Pradesh)
WITH
IA/3095/2013
1. SPRINGWOOD SENIOR SECONDARY SCHOOL
THROUGH ITS MANAGER, SMT.CHARULATA CHOUBEY, S/O LATE SHRIMENDRA PRAKASH CHOUBEY, OFFICE:SPRINGWOOD SCHHOL.NEAR INDUSTRIAL
NIMACH
M.P
...........Petitioner(s)
Versus 
1. PAWAN PORWAL & ANR.
S/O SHRI SHATNARAYANJEE PORWAL, R/O 2-A SHASTRI NAGAR,
NIMACH
M.P
2. ASSITANT PROVIDENT FUND COMMSSIONER,
AREA OFFICE 15, BHOG MARG, A.P.H.CHAMBER, FRINGANG
UJJAIN
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Pawan Kumar Ray, Advocate
For the Respondent :

Dated : 22 Aug 2013
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

 

1.      Learned counsel for the petitioner present.  Shri Pawan  Porwal,   respondent No. 1   has   been  served.  He  has sent written arguments.  As per the Indian Postal Department’s report, the respondent No. 2, Assistant Provident Fund Commissioner has also been served.  He is proceeded against ex parte.

3.      Before the State Commission, the case was dismissed in default.  The impugned order dated 8.10.2012 runs as follows:

                             “None for the appellant.

 None appeared for the appellant even on 12.7.2011, 20.10.2011, 25.5.2012 and 29.6.2012, while Shri Ravindra Tiwari and Shri R. K. Dhote, learned counsel are present for the respondents.

It appears that the appellant is not interested in pursuing the case.

                             The appeal is dismissed for want of prosecution.”

 

4.      Learned counsel for the petitioner submits that the learned counsel for the petitioner at State Commission level entered a wrong date in his diary, therefore, he could not appear before the State Commission.  This is not a true state of affairs.  It appears that the petitioner has been misguided to address this argument.  The record clearly reveals that the advocate did not appear on 12.7.2011, 20.10.2012, 25.5.2012 and 29.6.2012.  However, in the interest of justice, we restore the case before the State Commission, subject to payment of Rs.10,000/-, which be paid to respondent No. 1, Shri Pawan Porwal through demand draft in presence of the State Commission.  In case the State Commission is satisfied that the said draft has been paid to respondent No. 1, it shall proceed with the case.  The parties are directed to appear before the State Commission on 3.10.2013.  A copy of this order be sent to both  the respondents.

          The revision petition is disposed of accordingly.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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