NCDRC

NCDRC

RP/3257/2012

TATA MOTORS LTD. - Complainant(s)

Versus

RESERVATION DATA MAINTENANCE INDIA PVT. LTD. & 2 ORS. - Opp.Party(s)

M/S. S.K. JHA & ASSOCIATES

05 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3257 OF 2012
 
(Against the Order dated 29/05/2012 in Appeal No. 540/2009 of the State Commission Delhi)
1. TATA MOTORS LTD.
5 Jeevan Tara Building Parliament Street
New Delhi - 110001
Delhi
...........Petitioner(s)
Versus 
1. RESERVATION DATA MAINTENANCE INDIA PVT. LTD. & 2 ORS.
E-9,Connaught House,Connaught Place, (Through its Director Mrs Radha Bhatia)
New Delhi
2. Shri S.S Patpatia,S/o Late Shri C.L Patpatia, MANAGER, Reservation Data Maintenance India Pvt Ltd
E-9 Connaught Place
New Dellhi
Delhi
3. M/s. Mirkana Engineering Pvt. Ltd.
A-2 Udyog Nagar Industrial Aream Rohtak Road, PeeraGarhi
New Delhi - 110041
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr Shankar Kumar Jha, Advocate
For the Respondent :
Mr Virender Mehta, Advocate for R 1 & 2
Mr Mohit Taneja, Advocate for R 3

Dated : 05 Nov 2012
ORDER

Counsel for the respondent no. 3 submits that he will be filing his vakalatanama during the course of the day. Arguments heard. Appeal filed by the opposite party/ respondent no. 1 was dismissed in default on 29.05.2012. Order was passed by the State Commission which is reproduced below : . None appeared from both the parties despite repeated calls. 2. Call again in the second call. In the second call also non e appeared from any side, therefore, appeal is dismissed in default for both the parties. We have heard the learned counsel for the petitioner who submits that he could not appear before the State Commission because he arrived in the court at a later stage, because he got stuck up some where in the traffic/ court. He should have got his presence marked. In the interest of justice, the matter is restored, subject to payment of cost of Rs.5,000/- which shall be deposited in the Consumer Legal Aid Account of this Commission within four weeks. Parties are directed to appear before the State Commission on 26.11.2012. State Commission is directed to hear the case on merits and decide the case as expeditiously after satisfying that the cost had been deposited with the National Commission and its receipt be produced before the State Commission.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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