NCDRC

NCDRC

RP/3238/2009

M/S. JANAPRIYA FINANCE & INDUSTRIAL INVESTMENT (INDIA) LTD. - Complainant(s)

Versus

VAISHALI JAIN - Opp.Party(s)

MR. J M BARI & MS. SHWETA BARI

03 Aug 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3238 OF 2009
 
(Against the Order dated 23/02/2009 in Appeal No. 4/2009 of the State Commission Delhi)
1. M/S. JANAPRIYA FINANCE & INDUSTRIAL INVESTMENT (INDIA) LTD.
Ground Floor ,3g /It Gagan Sarkar Road
Kolkata -700010
...........Petitioner(s)
Versus 
1. VAISHALI JAIN
D/o. Shri J.K. Jain R/o. 93-A. Pocket -A, Ashok Vihar Phase-II
New Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :NEMO
For the Respondent : MR. AMAR NATH GUPTA (AUTH. REP.)

Dated : 03 Aug 2010
ORDER
Heard Counsel for the Petitioner and authorised representative of the Respondent. In fact, a Bench of this Commission to which one of us (Justice R.K. Batta) is a party, has already decided similar matter in the case of Janpriya Finance & Industrial Investment (India) Ltd. V/s. Ravinder Kumar Jain [R.P. No.3280 of 2009] and connected revision petition wherein the revisions have been dismissed on the ground of delay. In the said revisions also paragraph 1 to 3 of the condonation application are exactly similar except for the change of dates. Accordingly the condonation application is rejected. Even on merits, we do not find any case for interference as there are concurrent findings of two fora below so as to interfere in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986 as we do not find any jurisdictional error, illegality or material irregularity in the impugned order. Accordingly, the revision is dismissed with no order as to costs. The Respondents are allowed to withdraw the amount deposited by the Petitioner with the District Forum and if any balance amount still remains to be paid thereunder, the Respondent can initiate the proceedings for recovery of the balance amount.
 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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