NCDRC

NCDRC

RP/3857/2012

RAHUL JOSHI - Complainant(s)

Versus

UNITECH LTD. (REAL ESTATE DIVISION - MARKETING) & 4 ORS. - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

19 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3857 OF 2012
 
(Against the Order dated 16/05/2012 in Appeal No. 3/2012&80/2012 of the State Commission Chandigarh)
1. RAHUL JOSHI
S/o Shri J.C Joshi R/o House no-1051-B,Sector-16
...........Petitioner(s)
Versus 
1. UNITECH LTD. (REAL ESTATE DIVISION - MARKETING) & 4 ORS.
Registered Office at: Ground 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,NH-8
Gurgaon
Haryana
3. Unitech Ltd Co Having Ots Registered Office at:
SCO No-189-91,First floor,Sector-17-C
Chandigarh
Chandigarh
4. Housing Development Finance Corporation Ltd,Co Having its Registerd Office at"
SCO 153-155 Sector-8-C,Madhya Marg
Chandigarh
Chandigarh
5. Akhil Bhanot, C/o Mega Marketing
SCO No -73,1st floor ,Sector-46/C
Chandigarh
Chandigarh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Manish Srivastava, Advocate
For the Respondent :
No. 1, 2&3 : Mr. S. K. Dubey, Advocate
For the Respondent No. 4 : Mr. P. K. Sharma, Proxy Counsel
For the Respondent No. 5 : Exparte

Dated : 19 Jul 2013
ORDER

Heard learned counsel for the parties and perused record. Learned State Commission vide order dated 16.05.2012 dismissed complaint as none appeared on behalf of the complainant on that day and on earlier dates, dated 04.04.2012 and 26.04.2012. On 04.04.2012 and 26.04.2012, proxy counsel certainly put his appearance. Against this order, petitioner filed review petition before learned State Commission, which was dismissed by impugned order dated 05.07.2012. Challenging both the orders, this revision petition has been filed along with an application for condonation of delay. As far delay is concerned, petitioner has filed application for condonation of delay and submitted that as review petition was filed before State Commission this revision petition was filed after disposal of review petition and five days delay has occurred, which may be condoned. Learned counsel for the respondents have no objection in condoning the delay. Consequently, application for condonation of delay is allowed. As far, order dated 05.07.2012 is concerned, it is in accordance with law as learned State Commission has no power to review its own order. In such circumstances, the Revision Petition to the extent of challenging order dated 05.07.2012 is dismissed. As far, order dated 16.05.2012 dismissing complaint in default is concerned, learned counsel for the respondent has no objection in allowing Revision Petition, subject to payment of costs. For the reasons mentioned in the Revision Petition, we deem it proper to allow Revision petition and set aside order dated 16.05.2012. Consequently, Revision Petition filed by the petitioner against the respondent is allowed in part and impugned order dated 16.05.2012 passed by learned State Commission in Complaint Case No. 3/2012, Rahul Joshi Vs. Unitech Ltd. & Ors. is set aside and complaint is restored at its original number, subject to payment of Rs. 5,000/- as costs to respondent nos. 1, 2 and 3 and Rs. 5,000/- as costs to respondent no. 4. Parties are directed to appear before learned State Commission on 19.08.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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