NCDRC

NCDRC

RP/1028/2012

UNION OF INDIA & 2 ORS. - Complainant(s)

Versus

SRI RAMA SHANKER MISHRA & ANR. - Opp.Party(s)

MS. REKHA AGGARWAL

30 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1028 OF 2012
 
(Against the Order dated 25/07/2011 in Appeal No. 1546/2008 of the State Commission Uttar Pradesh)
1. UNION OF INDIA & 2 ORS.
Through General Manger.Northern Railway,Baroda House
New Delhi
Delhi
2. Divisional Railway Manager,
Northern Railway,Hazratganj
Lucknow
U.P
3. Divisional Commercial Manager
Noethern Railway,Hazrat ganj
Lucknow
U.P
...........Petitioner(s)
Versus 
1. SRI RAMA SHANKER MISHRA & ANR.
S/o Late Lalita Prasad Mihra House No-61-30, Bhagwan Dass Ka bara, Bula Nala
Varanasi
U.P
2. S.P Railway,
Northern Railway,Hazartganj
Lucknow
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Ms. Rekha Aggarwal, Advocate
For the Respondent :
For Respondent No.1 : Mr. R.S. Mishra &
Mr. S.K. Singh, Advocates
For Respondent No. 2 : NEMO

Dated : 30 Jul 2012
ORDER

The case was dismissed in default by the State Commission on 25.07.2011.  Counsel for the petitioners submits that the counsel could not appear.  She submits that as a matter of fact he went to the court late when the case was already dismissed in default.  He did not move any application for recording his presence.

          There is a delay of 135 days.  It is surprising to note that the Registry has reported that there is no delay, which clearly shows that the Registry does not work properly.  Registry is warned to be careful in future. 

 

 

 

          Counsel for the respondents further points out that after the filing of Execution, the revision petition was filled.

          In view of the facts and circumstances, we condone the delay subject to payment of Rs. 5,000/- as cost, which will be deposited with the Consumer Legal Aid Account of this Commission and further Rs. 5,000/- cost for restoration of this case, which will also be deposited with the Consumer Legal Aid Account of this Commission.

          The parties are directed to appear before the State Commission on 16.08.2012.  The State Commission is directed to hear the parties on merits after satisfaction that the costs stand paid.  The State Commission is also directed to expedite the case as early as possible.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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