NCDRC

NCDRC

RP/1208/2017

COMMISSIONER, MUNICIPAL CORPORATION DURG - Complainant(s)

Versus

PRABHA DEVI DESHLEHRA - Opp.Party(s)

MR. THAKUR ANAND MOHAN SINGH

31 Jul 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1208 OF 2017
 
(Against the Order dated 22/08/2016 in Appeal No. 340/2016 of the State Commission Chhattisgarh)
1. COMMISSIONER, MUNICIPAL CORPORATION DURG
DISTRICT-DURG, CHHATTISGARH
...........Petitioner(s)
Versus 
1. PRABHA DEVI DESHLEHRA
W/O. SHRI NARENDRA DESHLEHRA, R/O. MIG (C) 501, PADMANABHPUR,
DISTRICT-DURG
CHHATTISGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. M. SHREESHA,PRESIDING MEMBER

For the Petitioner :
Mr. Mohd. Anis Ur Rehman, Advocate
For the Respondent :

Dated : 31 Jul 2017
ORDER

Heard the learned Counsel for the Revision Petitioner.

It is seen from the office record that the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (for short “the State Commission”) has dismissed the Appeals, i.e. First Appeal No. 340 and 341 of 2016, for non-prosecution and in default.  It is submitted by the Counsel that the said Appeals were filed sometime in July, 2016, and that on 27.07.2016 and 30.07.2016 the Counsel, representing the Corporation, was not present and the Corporation was also not communicated by the said Counsel regarding the proceedings before the State Commission.  It is pertinent to note that the Appals were dismissed at the admission stage, prior to the issue of notice to the Respondents/Complainants in these Revision Petitions.  It is further submitted that since the Counsel, representing the Corporation, did not appear before the State Commission, he was suspended as Standing Counsel and no longer represents the Corporation.

Taking into consideration the facts and circumstances of the case, both these Revision Petitions are allowed and the Appeals are restored to the board of the State Commission, with a direction to dispose of the same by affording due opportunity to the Petitioner.  

Since the matter pertains to the year 2013, the State Commission is requested to dispose of the same as expeditiously as possible.

The Petitioner/its Counsel is directed to appear before the State Commission on 14.09.2017 for further proceedings.

It is made clear that this Bench has not expressed any view on the merits of the case.     

 
......................
M. SHREESHA
PRESIDING MEMBER

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