NCDRC

NCDRC

RP/1490/2012

TATA POWER DELHI DISTRIBUTION LTD. (FORMERLY NORTH DELHI POWER LTD.) - Complainant(s)

Versus

SAKILA BEGUM(Through LRs) - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

09 May 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1490 OF 2012
 
(Against the Order dated 15/03/2012 in Appeal No. 71/2010 of the State Commission Delhi)
1. TATA POWER DELHI DISTRIBUTION LTD. (FORMERLY NORTH DELHI POWER LTD.)
33 KV Substation Building Hudson Lines,Kingsway Camp
Delhi
...........Petitioner(s)
Versus 
1. SAKILA BEGUM
W/o Sh Hafiz Mohd Rafiq R/o A-2/15(GF) DDA Flats Inderlok
Delhi - 110035
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Krishnendu Datta, Adv. With
Mr. Harshnendu Kumar, Advocate
For the Respondent :
Mr. Deepak Kumar, Advocate

Dated : 09 May 2014
ORDER

1. The application for impleading LRs of Smt. Shakila Begum is filed. Counsel for the respondents objects that there are other LRs also in this case. The counsel for the petitioner submits that all the LRs be impleaded. Those LRs are (i) Hafiz Mohammad Rafiq S/o Allauddin, (ii) Sualeha Parveen D/o Hafiz Mohammad, (iii) Khalida Parveen D/o Hafiz Mohammad (iv) Nazreen Parveen D/o Hafiz Mohammad, (v) Asifa Parveen, D/o Hafiz Mohammad, (vi) Arifa Parveen D/o Hafiz Mohammad and (vii) Gajala Parveen D/o Hafiz Mohammad . They are impleaded as LRs. 2. The second objection raised by the counsel for the petitioner is that the case was delayed due to delay in moving the application for impleadment of LRs. On the other hand, the counsel for the petitioner submits that he has moved the application before the State Commission which is still pending. Since his case was dismissed in default, that could not be further pursued. 3. Case is heard on merits. The case was dismissed in default vide order dated 15-03-2013. The said order is reproduced as hereunder: one appeared for the appellant despite repeated calls. The appeal is dismissed in appellant default. FDR, if any deposited by the appellant be released in his favour after completing due formalities and record be consigned to the record room after needful is done. 4. It is stated that the counsel for the petitioner appeared subsequently but there is no evidence that he appeared subsequently. Whenever an advocate appears subsequently, he must get his presence recorded even if the case is dismissed in default. If the court is adamant, in that event, application for presence should be moved. In the interest of justice we restore the case subject to payment of Rs.5,000/- as costs to be deposited by the petitioner in the Consumer Legal Aid Account NCDRC. Parties are directed to appear before the State Commission on 28-05-2014. State Commission is directed to expedite the case and to take further action so that the said costs stand paid.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.