NCDRC

NCDRC

RP/963/2014

MARUTI SUZUKI INDIA LIMITED - Complainant(s)

Versus

SADHU RAM CHANDEL & ANR - Opp.Party(s)

MR. SUBHASH CHAWLA

20 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 963 OF 2014
 
(Against the Order dated 17/10/2012 in Appeal No. 810/2008 of the State Commission Delhi)
WITH
IA/735/2014,IA/736/2014
1. MARUTI SUZUKI INDIA LIMITED
FORMELY KNOWN AS (MARUTI UDYOG LTD) REGD OFFICE AT, PLOT NO-1 NELSON MANDELA ROAD, VASANT KUNJ
NEW DELHI - 110070
...........Petitioner(s)
Versus 
1. SADHU RAM CHANDEL & ANR
S/O SH.KASHI CAHNDEL R/O B-5/277,SECTOR--7, ROHINI
DELHI - 110085
2. M/S D.D MOTORS,
A-100 MAYAPURI, INDUSTRIAL AREA, PHASE-II,
NEW DELHI - 110064
...........Respondent(s)

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

For the Petitioner :MR. SUBHASH CHAWLA
For the Respondent :

Dated : 20 Feb 2014
ORDER

Heard learned counsel for the petitioner. Petitioner has filed this revision petition, challenging order dated 17.10.2012, dismissing appeal in default alongwith application for condonation of delay. As per office report, there is delay of 340 days in filing this revision petition. Learned counsel for the petitioner submitted that on account of change of address, impugned order was not received by the petitioner and only after order of execution was received on 13.01.2014, petitioner has obtained certified copy of the order and filed this revision petition. It was further submitted that file was tagged with other decided cases by the clerk of the counsel, so file could not be located and in such circumstances, delay in filing revision petition be condoned. As appeal was dismissed in default of both the parties and as petitioner changed his address, though he ought to have intimated to the State Commission about the change of address, we deem it appropriate to allow the application for condonation of delay for the reasons mentioned in the application, subject to cost. Consequently, application for condonation of delay is allowed, subject to depositing Rs. 5,000/- as cost with Legal Aid Fund of this Commission and delay stands condoned. As appeal has been dismissed in default, we deem it appropriate to set aside the order and allow the revision petition, so that matter may be disposed on merits. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 17.10.2012, passed by the State Commission in FA-810/2008, M/s. Maruti Suzuki India Ltd. vs. Sadhu Ram Chandel & Ors. is set aside, subject to cost of Rs. 2,000/- to be deposited by the petitioner with the Legal Aid Fund of State Commission and appeal is restored at its original number. Petitioner is directed to appear before the State Commission on 10.04.2014. The State Commission is expected to decide the appeal at the earliest, after giving an opportunity of being heard to both the parties.

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

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