NCDRC

NCDRC

FA/2250/2018

M/S. TOYOTA KIRLOSKAR MOTOR P LTD. - Complainant(s)

Versus

SHOBHANA SHARMA & ANR. - Opp.Party(s)

MR. VIPIN SINGHANIA

07 Jan 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2250 OF 2018
 
(Against the Order dated 28/11/2018 in Complaint No. 342/2017 of the State Commission Uttar Pradesh)
1. M/S. TOYOTA KIRLOSKAR MOTOR P LTD.
THROUGH MR. S. RENGARANJAN GM-LEGAL & CS, PLOT NO 1 BIDADI INDUSTIRAL AREA
RAMANAGARA
KARNATAKA 562 109
...........Appellant(s)
Versus 
1. SHOBHANA SHARMA & ANR.
W/O. LATE DR. PRAVEEN KUMAR SHARMA H ON 147, SHOBHAPUR ROHTA ROAD
MEERUT
UTTAR PRADESH 250 001
2. M/S. UTTARANCHAL AUTOMOBILES P LTD
698, PARTAPUR BARAL BYE PASS NATIONAL HIGHWAY 58,
MEERUT
UTTAR PRADESH 250 103
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. Vipin Singhania, Advocate
For the Respondent :
Mr. Ritesh Khare, Advocate for
Mr. Sarvesh Kumar Sharma, Advocate &
Mr. Rahul Parashram, Advocate for R-1
(On Caveat)

Dated : 07 Jan 2019
ORDER

Heard the Learned Counsel for the parties and perused the impugned order dated 28.11.2018, passed by the U.P. State Consumer Disputes Redressal Commission at Lucknow (hereinafter referred to as the State Commission), by which the written version filed by the Appellant has been directed to be not considered on the ground that the amount of ₹10,000/- imposed as costs had not been paid over. 

The Learned Counsel for the Appellant submits that on account of lack of communication, the amount could not be paid over and the Appellant is prepared to pay the said amount as also some other amount, which this Commission may deem fit and appropriate in the present case.

Mr. Ritesh Khare, Learned Counsel, who is present on the Caveat filed by the contesting Respondent No.1, the Complainant, states that the amount of costs be increased to ₹20,000/- and the matter be directed to be decided expeditiously in accordance with law.

We, therefore, dispose of this Appeal by modifying the order dated 28.11.2018, by directing the Appellant to pay a sum of ₹20,000/- to the Complainant towards costs within three weeks from today.  On payment of the said amount by the Appellant to the Complainant within the stipulated period, the written version filed by the Appellant shall be taken into consideration by the State Commission.  We also request the State Commission to decide the matter expeditiously in accordance with law, preferably within a period of three months from the date a certified copy of this order is produced before it.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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