NCDRC

NCDRC

RP/2839/2013

UNION OF INDIA & 6 ORS. - Complainant(s)

Versus

RANJANA GOEL & ANR. - Opp.Party(s)

MR. S.A. SATTAR

19 Nov 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2839 OF 2013
 
(Against the Order dated 18/04/2012 in Appeal No. 2308/2007 of the State Commission Haryana)
WITH
IA/4886/2013
1. UNION OF INDIA & 6 ORS.
THROUGH CHAIRMAN RAILWAY,
NEW DELHI
2. THE G.M.,
NOR. RAILWAY, BARODA HOUSE,
NEW DELHI
DELHI
3. THE D.R.M.
NOR. RAILWAY,
AMBALA CANTT.
HARYANA
4. THE STATION SUPERINTENDENT
NOR. RAILWAY
JAGADHRI
HARYANA
5. C.C.M, CLAIMS,
NOR. RAILWAY
NEW DELHI
6. THE S.H.O
GRP, BARAUNI
BIHAR
7. THE D.R.M
NOR. RAILWAY
NEW DELHI
DELHI
...........Petitioner(s)
Versus 
1. RANJANA GOEL & ANR.
W/O. SH. PANKAJ GOEL, R/O. 947, SEC-17, HUDA,JAGADHRI,
YAMUNA NAGAR
HARYANA
2. PANKAJ GOEL
S/O. MAYA RAM GOEL, R/O. 947, SECTOR-17, HUDA, JAGADHRI,
YAMUNA NAGAR
HARYANA
...........Respondent(s)

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

For the Petitioner :
Mr. S.A. Sattar, advocate
For the Respondent :
Mr. R.C. Gupta, advocate

Dated : 19 Nov 2013
ORDER

Learned counsel for the respondent submitted that he will be filing Vakalatnama on behalf of all the respondents today with the registry. Learned counsel for the respondent also admitted receipt of Rs.5,000/-. 2. Heard learned counsel for the parties and perused record. 3. This revision petition has been filed along with application for condonation of delay of 136 days. Learned counsel for the petitioner submitted that wife of petitioner counsel before State Commission was suffering from Cancer for a long period so petitioner counsel could not attend State Commission proceedings and in such circumstances, appeal was dismissed in default and delay occurred in filing this revision petition. Learned counsel for the respondent has no objection in allowing application for condonation of delay as well revision petition subject to cost. 4. As delay in filing revision petition occurred due to cancer to the wife of petitioner counsel in State Commission, we deem it appropriate to condone delay of 136 days subject to payment of Rs.5,000/- by petitioner to the respondent. Consequently, application for condonation of delay is allowed subject to cost of Rs.5,000/- to be paid by the petitioner to the respondent. 5. Learned State Commission dismissed the appeal on 18-04-2012 on account of absence of petitioner counsel though counsel for the respondent was present on that date. Learned counsel for the petitioner submitted that wife of petitioner counsel was under cancer treatment so petitioner counsel could not appear before State Commission and appeal was dismissed in default, which may be restored. Learned counsel for the respondent has no objection in restoring appeal due to disease of the petitioner counsel. In such circumstances, we deem it appropriate to allow the revision petition and restore the appeal. 6. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 18-04-2012 passed by learned State Commission in First Appeal No. 2308 of 2007 Union of India Vs. Ranjana Goel is set aside subject to cost of Rs.2,000/- to be paid by the petitioner to the respondent and appeal is restored at its original number. State Commission is directed to decide the appeal at the earliest as it is six years old case. 7. Parties are directed to appear before State Commission on 20-12-2013. Dasti in addition.

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

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