NCDRC

NCDRC

RP/2818/2012

NOKIA INDIA PVT. LTD. - Complainant(s)

Versus

RAHUL JAIN & 2 ORS. - Opp.Party(s)

M/S. SONDHI NARULA DALAL & ASSOCIATES

26 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2818 OF 2012
 
(Against the Order dated 17/07/2012 in Appeal No. 331/2011 of the State Commission Delhi)
1. NOKIA INDIA PVT. LTD.
Flat No-1204, 12th floor Kailash Gandhi Marg
New Delhi - 110001
...........Petitioner(s)
Versus 
1. RAHUL JAIN & 2 ORS.
R/o 27 Manak Vihar
Delhi
2. Sai Electronics
Shop No-28 Pkt B, & E,DDA markets,Dilshad Gardens
Delhi - 110095
3. Star Communications
488/5 Dilshad Garde, Near nanki Gurdwara
Delhi - 110095
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Ms.Sangeeta Sondhi , Advocate
For the Respondent :
For Respondent No.1 : Ex-parte
For Respondent No.2&3 : NEMO

Dated : 26 Sep 2013
ORDER

None appeared for respondent No.2 even after service. On last date Mr.Javed Alam, owner of respondent No.3 appeared but today no one appeared for respondent No.3. Learned counsel for the petitioner submitted that appeal was dismissed by learned State Commission vide order dated 17.07.2012 on account of absence in the presence of counsel for respondent No.1. Learned counsel for the petitioner submitted that petitioner counsel was busy in the High Court on 17.07.2012 and could not appear before the State Commission and appeal was dismissed in default which may be restored. This revision petition has been filed within 14 days. As appeal was dismissed in default on account of non- appearance of petitioner, and it would be appropriate to restore the appeal and allow this revision petition. Consequently, revision petition is allowed and impugned order dated 17.07.2012 passed by the learned State Commission in FA-2011/331, Nokia India Private Ltd. s- Sh. Rahul Jain is set aside and appeal is restored at its original number. The State Commission is directed to dispose of the matter after giving an opportunity of being heard to all the parties. Parties are directed to appear before the State Commission on 12.11.2013. Cost has not been imposed for restoration of the appeal as Rs.5000/- has already been received by respondent No.1 for appearance before this Commission still he did not appear before this Commission.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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