NCDRC

NCDRC

RP/1713/2012

AZAD HIND CGHS LTD. - Complainant(s)

Versus

REENA MITTAL - Opp.Party(s)

MR. PRAVEEN MISHRA & NAVTIKA

08 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1713 OF 2012
 
(Against the Order dated 30/01/2012 in Appeal No. 750/2010 of the State Commission Delhi)
1. AZAD HIND CGHS LTD.
Plot No-15,Sector-9 Dwarka Papankalan,through its Secretary
Delhi - 49
...........Petitioner(s)
Versus 
1. REENA MITTAL
6/210,Sunder Vihar
New Delhi - 87
Delhi
...........Respondent(s)
REVISION PETITION NO. 1714 OF 2012
 
(Against the Order dated 30/01/2012 in Appeal No. 751/2010 of the State Commission Delhi)
1. AZAD HIND CGHS LTD.
Plot No-15, Sector-9 Dwarka ,Papankalan,Through its Presidernt
Delhi - 49
...........Petitioner(s)
Versus 
1. ANITA MITTAL
11/390,Sunder Vihar
New Delhi - 87
...........Respondent(s)

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

For the Petitioner :
Mr. Biswajeet S., Advocate
For the Respondent :
Mr. T.C. Gupta, Advocate

Dated : 08 Nov 2012
ORDER

Orders dated 30.01.2012 passed by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 2010 / 750 & 2010 / 751 are under challenge in these proceedings. By the impugned orders, the State Commission has dismissed the application of the petitioner society (opposite party in the complaint before the District Forum), seeking condonation of delay in filing the said appeals. 2. We have heard the counsel for the parties and have considered their respective submissions. Counsel for the petitioner society would assail the orders passed by the State Commission primarily on the ground that the petitioner is a society and prompt action could not be taken to challenge the order of the District Forum within the prescribed period of limitation. Additionally, it is submitted that petitioner society has a very good case on merits and because according to the petitioner society after the resignation of the petitioners / complainants from the membership of the society, the deposited amount was refunded to them. On the other hand, counsel for the respondent supports the order passed by the State Commission and submits that the petitioner could not make out a case for condonation of delay. 3. Having considered the respective submissions of the parties and the entirety of the facts and circumstances of the case and the fact that the appeals filed by the petitioner herein have not been answered on merits, without expressing any opinion on the merits of the appeal, this Commission is of the view that it would be expedient in the interest of justice to condone the delay in filing the appeals and the appeals be restored on the Board of the State Commission for deciding the same on merits in accordance with law which will be subject to cost of Rs.5,000/- payable to the respondents in each case. Ordered accordingly. 4. The revision petitions are partly allowed in above terms. Parties are directed to appear before the State Commission on 13.12.2012 for further directions.

 
......................J
R.C. JAIN
PRESIDING MEMBER

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