NCDRC

NCDRC

RP/1827/2013

CHANDRANATH BANDOPADHYAY - Complainant(s)

Versus

STATE OF WEST BENGAL - Opp.Party(s)

MR. SAYANTANI DAS

23 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1827 OF 2013
 
(Against the Order dated 30/01/2013 in Appeal No. 202/2011 of the State Commission West Bengal)
1. CHANDRANATH BANDOPADHYAY
...........Petitioner(s)
Versus 
1. STATE OF WEST BENGAL
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
N E M O
For the Respondent :

Dated : 23 Jan 2014
ORDER

JUSTICE J.M. MALIK 1. This case was filed in this Commission on 30.04.2013. The case was fixed before the Registrar, on 10.07.2013. There were defects in the petition and notice was sent to the petitioner to remove the defects, within 15 days and it was directed that case be listed for hearing, on 23.08.2013. On 23.08.2013, defects were not removed. The Registry, again sent notice to remove the defects, within three weeks and the case was fixed for 25.11.2013. On 25.11.2013, the Registry passed the following order :- etition has been filed defective for the want to file list of dates, index, typed copy of order of the District Forum, typed copy of pages 49 & 51, welfare stamp of Rs.10/- on the Vakalatnama. Even after affording two opportunities earlier, no step has been taken so far. However, a letter has again been circulated by the counsel for the petitioner stating therein that due to illness of his mother, he is not able to attend the proceedings today, and has also stated the defects have been removed through his known Advocate, Mr.Subrata Das at New Delhi. However, as per the office note, the defects have not been removed so far. Registry is directed to check up the receipt of documents, if any, and place the same in the paper-book properly. List before the Bench for admission hearing on 07.01.2014. Send a copy of the proceedings to the counsel for the petitioner to check up once again whether the defects have been removed or not and to get the date noted for admission hearing 2. On 07.01.2014, Mr.Subrata Das, proxy counsel for the petitioner was present. Opportunity was given to him to argue the same but the same was not availed. Case was reserved for orders. 3. However, option was given to the counsel for the petitioner to argue the case, till Friday, i.e., 10.01.2014. Even after 10.01.2014, we have waited for the Advocate to argue the case, till 23.01.2014. None is present. It appears that the petitioner who is yet to argue the case is not interested in pursuing this case. Under these circumstances, we refrain to pass ex-parte order and on the contrary, dismiss the revision petition in default.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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