NCDRC

NCDRC

RP/1576/2012

DR. B.R. AMBEDKAR UNIVERSITY - Complainant(s)

Versus

PREM SINGH & 2 ORS. - Opp.Party(s)

MR. V.P. SHARMA

15 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1576 OF 2012
 
(Against the Order dated 19/05/2011 in Appeal No. 2366/2001 of the State Commission Uttar Pradesh)
1. DR. B.R. AMBEDKAR UNIVERSITY
Through Vice Chancellor
Agra
U.P
2. Principal (Examination Coodinator year 2000)
K.R Degree College
Mathura
U.P
3. Examination In Charge/Principal
B.S.A.College
Mathura
U.P
...........Petitioner(s)
Versus 
1. PREM SINGH & 2 ORS.
S/o Sro Bissaram R/o Village Hathkauli
Mathura
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Nikhil Jain, Advocate
Mr. V.P. Sharma, Advocate
For the Respondent :NEMO

Dated : 15 Oct 2012
ORDER

Order dated 19.05.2011 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 2366 / 2001 thereby dismissing the appeal of the petitioner herein in default of the parties, is questioned in these proceedings. 2. Counsel for the petitioner explains that the need to file this revision petition before this Commission is that the State Commission has no power to review and recall its order in view of the decision of the Supreme Court ajeev Hitender Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr.[2011 9 SCC 541] He further submits that non-appearance of the counsel for the appellant before the State Commission at the time of hearing of the matter was not intentional but it was for the reason that the counsel had wrongly noted down the date of hearing. 3. Having considered the matter the above circumstances and the fact that the appeal filed by the appellant has not been decided on merits, we deem it expedient in the interest of justice to allow the revision petition and set aside the dismissal order of the appeal and restore the appeal on the board of the State Commission to be decided on merits in accordance with law which will be subject to cost of Rs.5,000/- to be deposited in the egal Aid Accountof the UP State Commission. Ordered accordingly. 4. Parties are directed to appear before the State Commission on 20.11.2012 for further directions. However, we make it clear that we have not bestowed any consideration to the merits of the appeal and the State Commission will be free to decide the appeal in accordance with law.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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