NCDRC

NCDRC

RP/3414/2012

RAJESH J. LOBO - Complainant(s)

Versus

SR. MANAGER, AIR INDIA TERMINAL-1 & ANR. - Opp.Party(s)

MR. KARAN DEWAN

07 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3414 OF 2012
 
(Against the Order dated 09/02/2012 in Appeal No. 486/2007 of the State Commission Maharastra)
1. RAJESH J. LOBO
591/A Rajendra Apts Flat No-2,LJ Road No-`1 Mahim
Mumba i - 400016
Maharastra
...........Petitioner(s)
Versus 
1. SR. MANAGER, AIR INDIA TERMINAL-1 & ANR.
Mumbai Airport,
Mumbai - 400099
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MR. KARAN DEWAN
For the Respondent :NEMO

Dated : 07 Mar 2013
ORDER

Heard learned counsel for the petitioner. 2. Learned counsel for the petitioner has filed this revision petition against the impugned order dated 09.02.2012 passed by Maharashtra State Consumer Disputes Redressal Commission (for short he State Commission dismissing the appeal on account of non-appearance of the parties along with application for condonation of delay. 3. In application for condonation of delay, petitioner submitted that he came to know about the impugned order in the end of March 2012 and contacted his counsel in first week of July 2012 for preparation of revision petition and revision petition was filed on 11.09.2012, meaning thereby, after two months of consultation. Apparently, there is no explanation for a period of three months from the end of March 2012 to first week of July 2012. As appeal has been dismissed in default, we deem it proper to allow application for condonation of delay subject to costs and set aside the impugned order and remand the matter to State Commission for disposal in accordance with law. 4. Consequently, application for condonation of delay of 98 days is allowed subject to costs of Rs.5,000/- to be deposited by petitioner with onsumer Legal Aid Accountof this Commission within four weeks. 5. As appeal has been dismissed in default, Revision Petition is allowed and impugned order dated 09.02.2012 passed by State Commission in FA No. 07/486 ajesh J. Lobo Vs. Sr. Manager, Air India Terminal 1, Mumbai Airport & Anr.is set aside and appeal is restored to its original number before the State Commission. Learned State Commission is directed to decide the appeal after hearing both the parties in accordance with law. 5. Petitioner is directed to appear before the learned State Commission on 10.04.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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