NCDRC

NCDRC

FA/659/2012

SANJAY KUMAR SHARMA - Complainant(s)

Versus

UNITECH LTD. & ANR. - Opp.Party(s)

MR. YASHVIR SINGH & MR. RIPIN SOOD

08 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 659 OF 2012
 
(Against the Order dated 10/09/2012 in Complaint No. 325/2010 of the State Commission Delhi)
1. SANJAY KUMAR SHARMA
S/O. MR. R.R. SHARMA, R/O. A-267, DDA FLAT, UTTAM NAGAR,
NEW DELHI-110059
...........Appellant(s)
Versus 
1. UNITECH LTD. & ANR.
THROUGH ITS EXECUTIVE CHAIRMAN, MR. RAMESH CHANDRA,6, COMMUNITY CENTRE, SAKET,
NEW DELHI-110017
2. HDFC LTD
THROUGH THE MANAGER, SCF-27, FIRST FLOOR, SECTOR-14,
GURGAON-122001
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
Mr.Yashovir Singh, Advocate
For the Respondent :
For Respondentl No.1 : Mr.Ashok Dubey, A/R
For Respondent No.2 : NEMO

Dated : 08 Feb 2013
ORDER

State Commission has dismissed the complaint in default of appearance in the presence of the counsel for Respondent No.1.  Limited notice was issued to the respondent to show cause as to why the impugned order dismissing the complaint in default be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.

        Respondent No.1 has put in appearance through Mr.A.K. Dubey, Authorized Representative. 

Notice sent to Respondent No.2 has not been received back served or otherwise.  Since Respondent No.2 was not represented at the time of dismissal of the complaint in default before the State Commission, service on Respondent No.2 is dispensed with.

Limited notice issued to the respondent is made absolute.  Impugned order of the State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

Parties, through counsel, are directed to appear before the State Commission on 19.3.2013.

Office is directed to send a copy of this order to Respondent No.2 for information and appearance before the State Commission.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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