NCDRC

NCDRC

RP/2919/2013

M/S. CHOLAMANDALAM INVESTMENT & FINANCE LTD. - Complainant(s)

Versus

PURUSHOTTAM BHARTI & ANR. - Opp.Party(s)

M/S. SANJEEV SINGH & ASSOCIATES

05 Jan 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2919 OF 2013
 
(Against the Order dated 04/06/2013 in Appeal No. 769/2012 of the State Commission Chhattisgarh)
1. M/S. CHOLAMANDALAM INVESTMENT & FINANCE LTD.
HAVING ITS OFFICE AT PLOT NO-6, 2ND FLOOR,PUSA ROAD, KAROL BAGH
NEW DELHI - 110005
...........Petitioner(s)
Versus 
1. PURUSHOTTAM BHARTI & ANR.
S/O SHRI DUKALU BHARTI, R/O NEAR M.P.H.B COLONY, KOTA
RAIPUR
C.G
2. JAIKA AUTOMOBILE & FINANCE CO. LTD.
THROUGH ITS MANAGER, RING ROAD, NO-01 , VILLAGE RAIPUR,
RAIPUR
C.G - 492013
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :NEMO
For the Respondent :
For the Respondent No. 1 : Mohd. Anis Ur Rehman, Advocate
For the Respondent No. 2 : Mr. Sanjeev Kumar Verma, Advocate

Dated : 05 Jan 2022
ORDER

1.       This revision has been filed under Section 21(b) of the Act 1986 in challenge to the Order dated 04.06.2013 of the State Commission in appeal no. 769 of 2012 arising out of the Order dated 29.11.2012 of the District Commission in complaint no. 586 of 2011

2.       Repeatedly called out. 

No one appears for the petitioner.

Learned proxy counsel are present on behalf of the respondent no. 1 and no. 2.

3.       The complaint was filed in the year 2011. The District Commission passed its Order in 2012. The State Commission passed its Order in 2013.  The instant revision petition before this Commission was filed in 2013.  We are now in 2022.  A perusal of the daily Orders from 30.08.2013 onwards reflects unfavourably on the way and manner in which the petition has been procrastinated.  It is noticed that on numerous occasions in the past also no one had appeared on behalf of the petitioner. It is also noted that the District Commission vide its Order dated 29.11.2012 had allowed the complaint. The State Commission vide its Order dated 04.06.2013 had dismissed the appeal.  As such this petition has been filed apropos concurrent findings of the two fora below.   

4.       In this overall context, we have no qualms in dismissing the case in default in the absence of the petitioner today.    

As such the revision petition stands dismissed in default for lack of prosecution.

5.       The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.                                                         

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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