NCDRC

NCDRC

RP/4272/2012

BRIJESH SINGH - Complainant(s)

Versus

UNITECH LIMITED & 4 ORS. - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

09 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4272 OF 2012
 
(Against the Order dated 16/05/2012 in Appeal No. 81/2012 & 2/2012 of the State Commission Chandigarh)
1. BRIJESH SINGH
S/o Shri L.R Singh, R/o House no-2178, 2nd floor,Sector-44-C
CHANDIGARH
...........Petitioner(s)
Versus 
1. UNITECH LIMITED & 4 ORS.
(Real Estate Division -Marketing), Company Having its Registered Office at: Grouind floor, Signature Tower, South City-1,NH-8
GURGAON
HARYANA
2. Vikram Datta- Vice President Sales & Marketing Unitech Ltd.,
Ground Floor, Signature Tower, South City-1, NH-8
GURGAON
HARYANA
3. Unitech Ltd, Company Having its Registered Office at:
SCO - 189-91, First floor, Sector- 17-C
CHANDIGARH
4. Housing Development Fiance Corporation Ltd.,
Company Having its Registered Office at:,SCO 153-155, Sector-8-C, Madhya Marg,
CHANDIGARH
5. Akhil Bhanot, C/o Mega Marketing,
SCO No- 73, 1st floor, Sector-46/C
CHANDIAGRH
...........Respondent(s)

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

For the Petitioner :
Mr. Manish Srivastava, Advocate
For the Respondent :
For the Respondents 1-3 : Mr. S.K. Ray, Advocate
For the Respondents 4&5 : NEMO

Dated : 09 Apr 2013
ORDER

Learned counsel for the parties present.

          Vide its order dated 16.5.2012, the State Commission has passed the following order:-

 

“Neither the complainant nor any legally authorized representative, on his behalf, has come present, though it is already 2.30 p.m.  Even on 04.04.2012 and 26.04.2012, the regular Counsel engaged by the complainant, did not put in appearance, but only the proxy Counsel put in appearance.  It appears that the complainant is not interested in prosecuting the complaint.  The complaint is, accordingly, dismissed in default of appearance of the complainant and for want of prosecution.

Certified copy of this order be sent to the parties, free of charge.”

 

          Thereafter, an application for restoration of the complaint was moved, which was dismissed on 5.7.2012. 

          The order passed by the State Commission is self explanatory.  It clearly goes to show that the petitioner is not interested in pursuing his case.  The case was fixed for 4.4.2012, 26,4.2012 and 16.5.2012 before the State Commission but the counsel did not care to appear for the complainant. 

There is delay of 34 days in filing this revision petition.  However, in the interest of justice and keeping in view the facts and circumstances of the case, we restore the case before the State Commission, subject to payment of Rs.10,000/- to the respondent-Unitech Limited directly through demand draft within one month.  The parties are directed to appear before the State Commission on 30.5.2013.  The State Commission is further directed to expedite this case.

          The revision petition stands disposed of accordingly.

 

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

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