NCDRC

NCDRC

RP/16/2013

U.P. STATE ROAD TRANSPORT CORPORATION - Complainant(s)

Versus

SANJAY KUMAR & ANR. - Opp.Party(s)

MS. GARIMA PRASHAD

13 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 16 OF 2013
 
(Against the Order dated 31/07/2012 in Appeal No. 167/2012 of the State Commission Uttar Pradesh)
WITH
IA/18/2013,IA/19/2013,IA/20/2013,IA/21/2013
1. U.P. STATE ROAD TRANSPORT CORPORATION
Through its Regional Manager, Lucknow Region 6 Sapru
LUCKNOW
U.P
...........Petitioner(s)
Versus 
1. SANJAY KUMAR & ANR.
Chhawani Bazar,
BEHRAICh
U.P
2. Mohd Sadiq, S/o Gulam Asgar,
Through M.s National Oil Store, Latoosh Road,
LUCKNOW
U.P
...........Respondent(s)

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

For the Petitioner :
Ms. Garima Prasad, Advocate
For the Respondent :NEMO

Dated : 13 Feb 2013
ORDER

Heard learned counsel for the petitioner. Learned State Commission vide impugned order dated 31.07.2012 dismissed appeal of the petitioner in default of both the parties. Petitioner filed review petition against the order dated 31.07.2012 before the State Commission which too was dismissed vide order dated 27.08.2012 passed in appeal No. 167 of 2012. Petitioner has challenged both the orders and along with revision petition also moved application for condonation of delay. Heard learned counsel for the petitioner and perused the record. Apparently there is a delay of 52 days from the first order dismissing appeal in default and there is delay of 23 days from the second order dated 27.08.2012. Appeal filed in 1994 has been dismissed in default in 2012. We deem it proper to condone the delay subject to Rs. 5000/- as cost to be deposited with Legal Aid Fund of this Commission. As appeal has been dismissed in default on account of non appearance of both the parties and appeal is pending before State Commission since last 18 years, we deem it proper to set aside order of dismissal in default and restore it for disposal on merits. Consequently Revision Petition filed by the petitioner is allowed and impugned order dated 31.07.2012 passed in appeal no. 1784 of 1994, .P State Road Transport Corporation Vs. Sanjay Kumaris set aside and appeal is restored at its original number subject to depositing Rs. 5000/- with Legal Aid Fund of this Commission. Vide order dated 27.08.2012, State Commission has rightly dismissed the restoration application as State Commission has no right to recall its order of dismissal in default. Petitioner is directed to appear before the State Commission on 19.03.2013 and State Commission is directed to decide the matter after giving an opportunity of being heard to both parties, preferably within 3 months. Two weeks time is given to the petitioner to deposit cost of Rs. 10,000/-.

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

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