NCDRC

NCDRC

RP/2228/2012

YOUTH HOSTEL ASSOCIATION OF INDIA - Complainant(s)

Versus

SUBHASH CHANDER - Opp.Party(s)

MR. RAKESH KuMAR & MR. DEEPAK SHUKLA

10 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2228 OF 2012
 
(Against the Order dated 13/03/2012 in Appeal No. 659/2009 of the State Commission Delhi)
1. YOUTH HOSTEL ASSOCIATION OF INDIA
5 Nayay Marg Chankyapuri, through its Authorised Signatory
New Delhi - 110 021
Delhi
...........Petitioner(s)
Versus 
1. SUBHASH CHANDER
Flat No-187, Pocket-1 Sector-9,Dwarka
New Delhi - 110 079
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.Rakesh Kumar, Advocate
For the Respondent :
Mr.Bhupesh Kumar Chandana, Advocate

Dated : 10 Sep 2012
ORDER

Learned counsel for the respondent submitted that he would be filing his vakalatnama with the Registry today. Heard learned counsel for the parties. Learned State Commission vide order dated 13.03.2012 dismissed the appeal of the petitioner in default in the presence of counsel for the respondent. Learned counsel for the petitioner submitted that on account of traffic jam he could not reach to the State Commission in time and the appeal was dismissed. Learned counsel for the respondent submitted that earlier also the appeal has been dismissed in default but later on the learned State Commission restored the appeal. Learned counsel for the respondent submitted that these facts have not been mentioned in the Memo of Revision. But, perusal of para 10 of the present petition reveals that the petitioner has mentioned about the fact of earlier dismissal in default and restoration by the State Commission. In such circumstances, as the appeal has been dismissed in default of petitioner on account of traffic jam, we deem it proper to restore the appeal subject to payment of cost. Consequently, the revision petition is allowed and order dated 13.03.2012 passed by the State Commission in F.A. No.659/2009 is set aside subject to payment of Rs.5,000/- as cost to the respondent and the appeal is restored to its original number and matter is remanded back to the State Commission for disposing the appeal on merits after giving opportunity of being heard to both the parties. Parties are directed to appear before the State Commission on 30.10.2012.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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