NCDRC

NCDRC

RP/1310/2012

JYOTI CLINIC & NURSING HOME & ANR. - Complainant(s)

Versus

SEEMA & ANR. - Opp.Party(s)

M/S. KAPOOR & ASSOCIATES

07 Aug 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1310 OF 2012
 
(Against the Order dated 02/03/2012 in Appeal No. 734/2008 of the State Commission Delhi)
1. JYOTI CLINIC & NURSING HOME & ANR.
B-32 Jyoti Nagar (East)
Delhi - 110 093
2. Dr Archana Choudhary,C/o Jyoti Clinic & Nursing Home
B-32 Jyoti Nagar(East)
Delhi - 110 093
...........Petitioner(s)
Versus 
1. SEEMA & ANR.
W/o Shri Ravinder Kumar, Durga Puri Extn,Shahdra
Delhi - 110 093
2. United India Insurence Co Ltd.,
Branch Office-IV,Capital Cinema Building,Opp G.P.O.,Vidhan Sabha marg
Lucknow - 226 001
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Sandeep Kapoor, Advocate
For the Respondent :
For the Respondent No.1 : Mr. Vijay Waghey, Advocate
For the Respondent No.2 : Mr. Maibam N. Singh, Advocate

Dated : 07 Aug 2014
ORDER

Heard.

2.       Present revision petition has been filed against the impugned order dated 02.03.2012, passed by the State Consumer Disputes Redressal Commission, Delhi (for short, ‘State Commission’) vide which restoration application filed by the petitioners/opposite parties was dismissed being not maintainable.

3.       It would be pertinent to point out that petitioners’ appeal was dismissed in default in the first instance on 6.1.2011.

4.       Learned counsel for respondents state that there is no objection if the impugned order of the State Commission is set aside and appeal is restored.

5.       In view of the above statement given by learned counsel for the respondents, the impugned is set aside, subject to payment of Rs.25,000/- (Rupees Twenty Thousand only) as cost to be paid by the petitioners to respondent no.1/complainant within four weeks.

6.       In case, petitioners fail to comply with the above direction within the specified period, then the revision petition shall stand dismissed without any further order.

7.       The State Commission shall make an endeavour to dispose of the appeal preferably within a period of six months, from the date of receipt of this order.

8.       Revision petition stands disposed of accordingly.

9.       Parties to appear before the State Commission on 24.09.2014.

10.       Dasti to all parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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