NCDRC

NCDRC

RP/63/2012

GOPAL GIRDHARDAS RATHI - Complainant(s)

Versus

SIDDHARTHA HOTEL DELUX PRIVATE LIMITED & ORS. - Opp.Party(s)

MR. J. T. GILDA

25 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 63 OF 2012
 
(Against the Order dated 24/11/2011 in Appeal No. 970/2007 of the State Commission Maharastra)
1. GOPAL GIRDHARDAS RATHI
R/o Sai Nagar, Amravati, Tq
Amravati
Maharastra
...........Petitioner(s)
Versus 
1. SIDDHARTHA HOTEL DELUX PRIVATE LIMITED & ORS.
R/o Mudholkor Petht
Amravati
Maharastra
2. Jaibharat Laxmanrao Potode
R/o Mudholkar Petht.
Amravati
Maharastra
3. Shobha Jaibharat Potode
Behind Bhaktidham, S.B.I., Colony Bednera Road, Amravati
Amravati
Maharastra
4. Surendrakumar Fulchand Chordia
Behind Bhaktidham, S.B.I., Colony Bednera Road, Amravati
Amravati
Maharastra
5. Ravibala Surendrakumar Chordia
Behind Bhaktidham, S.B.I., Colony Bednera Road, Amravati
Amravati
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. S. S. Khandekar, Advocate
For the Respondent :
Mr. Manu Beri, Advocate

Dated : 25 Jul 2012
ORDER

Complaint filed by the petitioner was partly allowed by the District Forum.  Aggrieved against the order passed by the District Forum, petitioner and the respondent filed cross appeals before the State Commission.  By the impugned order, State Commission dismissed the appeal filed by the petitioner in default as the counsel for him did not appear on the date fixed. 

 

-2-

Limited notice for today was issued to the respondents to show cause as to why the impugned order of the State Commission dismissing the appeal for non-prosecution, be not set aside and the case remitted back to the State Commission to decide it on merits in accordance with law. 

          Mr. Manu Beri, Advocate puts in appearance on behalf of the respondents and accepts notice.  Limited notice issued to the respondents is made absolute.  In the interest of justice, impugned order is set aside and the case is remitted back to the State Commission to decide it afresh along with the appeal filed by the respondents. 

Parties through their counsel are directed to appear before the State Commission on 29.08.2012.

          Revision petition stands disposed of in above terms.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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