NCDRC

NCDRC

RP/384/2022

M/S. MAHINDRA & MAHINDRA LTD. - Complainant(s)

Versus

RAJKUMAR TIWARI & 2 ORS. - Opp.Party(s)

MR. ANAND SHANK JHA, MS. MEENAKSHI DEVGAN, MR. ARPIT GUPTA, MR. GIRISH BHARDWAJ & MR. SHUBHAM TRIPATHI

03 Dec 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 275 OF 2022
(Against the Order dated 29/12/2021 in Appeal No. 1650/2005 of the State Commission Uttar Pradesh)
1. M/S. NARAIN AUTOMOBILES
...........Petitioner(s)
Versus 
1. RAJ KUMAR TIWARI & ANR.
2. MAHINDRA & MAHINDRA LTD.
.
...........Respondent(s)
REVISION PETITION NO. 384 OF 2022
(Against the Order dated 29/12/2021 in Appeal No. 1868/2005 of the State Commission Uttar Pradesh)
1. M/S. MAHINDRA & MAHINDRA LTD.
...........Petitioner(s)
Versus 
1. RAJKUMAR TIWARI & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE DR. INDER JIT SINGH,PRESIDING MEMBER

FOR THE PETITIONER :
RP/275/2022
FOR PETITIONER : NEMO
FOR RESPONDENT : MR. ANAND SHANKAR JHA, ADVOCATE FOR R-2
FOR THE RESPONDENT :
RP/384/2022
FOR PETITIONER : MR. ANAND SHANKAR JHA, ADVOCATE
MR. SHUBHANK SHARMA, ADVOCATE
FOR RESPONDENT : NEMO

Dated : 03 December 2024
ORDER

          Application for adjournment has been received from the petitioner in RP/275/2022 on medical grounds.  Allowed.

        None appears for the respondents in both the cases except M/s. Mahindra & Mahindra Ltd., who is the petitioner in RP/384/2022 and one of the respondents in RP/275/2022.

          Challenge is to the order dated 29.12.2021 of the State Commission, UP vide which two Appeals were dismissed on account of  limitation  having  filed  with a  delay of  40  days  and 58 days respectively.  Counsel for the petitioner in RP/384/2022 contends that they have sufficiently explained the reasons for delay and dismissing the appeal after a gap of more than 15 years on account of limitation is not justified.

          We have carefully gone through the orders of the State Commission and other relevant records and the condonation of delay applications filed before the State Commission. The State Commission has passed the common order in both the appeals.  After careful consideration of all the facts and circumstances of the case, and the fact that FAs were pending before the State Commission for more than 15 years, both the Revision Petitions are allowed, delay in filing appeals before the State Commission is condoned and the matter is remanded back to the State Commission for fresh disposal on merits after hearing both sides. Both the sides are directed appear before the State Common on 22.01.2025. State Commission will also issue fresh notice to the parties for the next date of hearing.

          Revision Petition No.275 of 2022 & Revision Petition No.384 of 2022 stand disposed of accordingly.

 
................................................
DR. INDER JIT SINGH
PRESIDING MEMBER

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