NCDRC

NCDRC

RP/1982/2012

M/S. IDEA CELLULAR LTD. - Complainant(s)

Versus

SHARDA PRASAD,DIRECTOR - Opp.Party(s)

M/S. K & K ASSOCIATES

05 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1982 OF 2012
 
(Against the Order dated 29/03/2012 in Appeal No. 736/2009 of the State Commission Delhi)
1. M/S. IDEA CELLULAR LTD.
A-30 Mahan Co-Operative,IndustrialEstate, Mathura Road
New Delhi - 110044
Delhi
...........Petitioner(s)
Versus 
1. SHARDA PRASAD,DIRECTOR
Lnjn National Institute of Criminology & Foridn Scienc(Ministry of Home Affairs) Sector-3,Rohini
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Manav Kumar, Advocate
For the Respondent :NEMO

Dated : 05 Jul 2012
ORDER

The following order of the State Commission dated 29.03.2012 dismissing the appeal, in question, is challenged in this revision petition:- ide earlier order dated 12.12.11, the appellant was directed to furnish recent correct address of the respondent so that the service of notice on delay condonation application is sent to the respondent, which he has failed to provide. The appeal is dismissed in non-compliance. FDR, if any furnished, be released in favour of the appellant after obtaining proper identification and receipt. Counsel for the petitioner would assail this order on the ground that he sought time from the State Commission to furnish the correct / complete address of the respondent but the State Commission did not grant him opportunity and dismissed the appeal. He submits that the respondent is residing at the given address without any change of address and the petitioner is in a position to serve the respondent dasti. Keeping in view these facts, we allow the revision petition and set aside the impugned order passed by the State Commission and restore the appeal to the Board of the State Commission subject to cost of Rs.5,000/- to be deposited by the petitioner by means of a demand draft in favour the onsumer Legal Aid Accountin this Commission within four weeks. The petitioner is directed to appear before the State Commission on 13.08.2012 alongwith the fresh and correct address of the respondent and will file an undertaking to serve the notice on the respondent dasti on the application for condonation of delay.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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