NCDRC

NCDRC

RP/3063/2013

M/S. DLF LTD. - Complainant(s)

Versus

SUBHASH ROHILLA - Opp.Party(s)

M/S. KARANJAWALA & CO.

30 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3063 OF 2013
 
(Against the Order dated 06/05/2013 in Appeal No. 73/2010 of the State Commission Delhi)
WITH
IA/5319/2013
1. M/S. DLF LTD.
DLF CENTRE , SANSAD,
NEW DELHI - 110 001
...........Petitioner(s)
Versus 
1. SUBHASH ROHILLA
R/O 43/13 EAST PATEL NAGAR,
NEW DELHI - 110 008
...........Respondent(s)

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

For the Petitioner :
Mr. H. L. Tiku, Sr. Advocate with
Ms. Ritika, Advocate
Mr. Shubhankar Sengupta, Advocate
Mr. Jasmeet Singh, Advocate
For the Respondent :
Mr. Rajiv Bajaj, Advocate

Dated : 30 Jan 2014
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

 

1.      Learned counsel for the parties heard. 

2.      The District Forum passed the order on 22.7.2009.  The grievance of the petitioner/opposite party is that he did not receive the free copy from the District Forum.  The complainant sent a letter dated 21.12.2009 alongwith copy of the judgment which he received on 30.12.2009.  First appeal was filed on 28.1.2010.

3.      We have perused the file of the District Forum.  It is unfortunate that the District Forum does not maintain the record properly.  It has got new type of stamp.  The stamp must mention when the order was passed, when the free copy was delivered to the litigant or their counsel.  All these facts are conspicuously missing.  There is only one stamp, which mentions dispatched but does not mention to whom it was dispatched through which kind of communication viz. UPC, registered AD, speed post etc.  All these facts find no mention.  No register which is to be maintained was sent or produced.  The Registrar of the District Forum is directed to have a new stamp mentioning all these facts and there should be clear cut evidence when the free copy was given to the opposite party.  He is further directed to maintain the register. In absence of that evidence, the real position does not begin to jell. The case of the petitioner is further fortified by the affidavit filed by them. 

4.      Consequently, we set aside the order dated 6.5.2013 passed by the State Commission and remand the case back to the State   Commission   for   hearing  and  deciding  the  case on merits afresh.  The parties are directed to appear before the State Commission on 13.3.2014.  The State Commission is directed to decide the case expeditiously not more than three months from the date of receipt of this order.

The revision petition stands disposed of.

 

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

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