NCDRC

NCDRC

RP/1959/2016

PLANET FASHION MADURA FASHION & LIFE STYLE & ANR. - Complainant(s)

Versus

SORABH SHARMA - Opp.Party(s)

MR. A. TEWARI & MS. ELIZA BAR

19 Jul 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1959 OF 2016
 
(Against the Order dated 16/05/2016 in Appeal No. 189/2016 of the State Commission Punjab)
1. PLANET FASHION MADURA FASHION & LIFE STYLE & ANR.
THROUGH ITS MANAGING DIRECTOR, SCO 75, PHASE 7,
MOHALI-160055
PUNJAB
2. PLANET FASHION MADURA FASHION, GAYATRI TECH PARK,
THROUGH ITS MANAGING DIRECTOR, PLOT NO. 183, EPIP, NEAR I, GATE KIAB INDUSTRIAL AREA ROAD, 1B,
BANGALORE-560066
KARNATAKA
...........Petitioner(s)
Versus 
1. SORABH SHARMA
S/O. NARINDER MOHAN SHARMA R/O. HOUSE NO. 94, PHASE IV, SECTOR 59,
MOHALI
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Dhruv Pal, Advocate
For the Respondent :

Dated : 19 Jul 2016
ORDER

1.      This revision petition is directed against the order of the State Commission dated 16-05-2016 in First Appeal No.189 of 2016 whereby the State Commission dismissed the appeal preferred by the petitioner for non-prosecution due to failure on the part of the appellant or his counsel to put in appearance on the said date of hearing. The relevant portion of the order is reproduced as hereunder:

          “The appeal was called several times but no one has appeared on behalf of the appellants. The appeal was, never admitted to be heard on merits. The same is, therefore, dismissed in default.”

 

2.      It is contended that absence of the appellant on the relevant date of hearing was unintentional, as he was under the impression that he would be represented by his counsel. The counsel, however, could not appear on the date of hearing because the clerk of the counsel had noted the wrong date of hearing on the brief. When counsel for the appellant appeared before the State Commission on 18-05-2016 he was told that the appeal has been dismissed for non-prosecution.

3.      We are satisfied with the explanation given for non-appearance. Therefore, in the interest of justice we allow the revision petition, set aside the impugned order and remit the matter back to the State Commission, Punjab for disposal of the appeal. The petitioner is directed to appear before the State Commission on 11-08-2016. The State Commission on the said date shall hear the arguments on admission and thereafter proceed to dispose of the appeal in accordance with law.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.