NCDRC

NCDRC

RP/3199/2012

ESIC HOSPITAL & ANR. - Complainant(s)

Versus

RAVINDER GUPTA & ANR. - Opp.Party(s)

MR. BHUPESH NARULA

14 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3199 OF 2012
 
(Against the Order dated 30/07/2012 in Appeal No. 203/2009 of the State Commission Delhi)
1. ESIC HOSPITAL & ANR.
Basaidarapur,Ring Road Through its Medical Superintendent
Delhi
2. ESI Dispensary
Jawalapuri Nangloi
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. RAVINDER GUPTA & ANR.
H.No-8,Jhandewalan Chowk
New Delhi
Delhi
2. AIIMS Hospital
Ansari Nagar
Delhi
...........Respondent(s)

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

For the Petitioner :
Mr. Bhupesh Narula , Advocate
For the Respondent :NEMO

Dated : 14 Sep 2012
ORDER

Order dated 30.7.2012 passed by the Delhi State Consumer Disputes Redressal Commission in First Appeal No. 203 of 2009 is under challenge in these proceedings.  By the said order the State Commission has dismissed the appeal filed by the petitioner for default of appearance at the time of hearing of the appeal.

2.      Counsel submits that he reached the State Commission a little late, by that time the appeal had been dismissed in default and since the State Commission had no power to recall its order, he has approached this Commission. 

3.      For these reasons, we allow the revision petition and set aside the impugned order and restore the appeal on the board of the State Commission for hearing the same on merits.           The petitioner shall appear before the State Commission on 09.10.2012.

          Order dasti to the counsel for the petitioner.

 

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

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