NCDRC

NCDRC

RP/1718/2012

SAROJ INSTITUTE OF TECHNOLOGY & MANAGEMENT - Complainant(s)

Versus

VANDANA SINGH - Opp.Party(s)

MR. RAJAN BHARTI & MD. KAUSAR PERVEZ

17 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1718 OF 2012
 
(Against the Order dated 11/04/2011 in Appeal No. 197/2008 of the State Commission Uttar Pradesh)
1. SAROJ INSTITUTE OF TECHNOLOGY & MANAGEMENT
Through its AR 8 Maal Avenue
Lucknow
U.P
...........Petitioner(s)
Versus 
1. VANDANA SINGH
D/o Deshraj Singh R/o A-148 Awas Vikas Colony
Sitapur
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Md. Kausar Perwez, Advocate
For the Respondent :
Mr. Anil Kumar Mishra, Advocate

Dated : 17 Oct 2012
ORDER

Order dated 11.04.2011 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 197 / 2008 is under challenge in these proceedings. By the impugned order, the State Commission has dismissed the appeal due to the non-appearance on behalf of the appellant or his counsel at the time of the hearing of the appeal. 2. Counsel for the petitioner submits that the non-appearance of the counsel for the appellant before the State Commission at the time of hearing of the appeal was not intentional but it was due to the reason that the counsel is a senior citizen and had some personal difficulty due to which he could not appear before the State Commission. On the other hand, counsel for the respondent supports the order and disputes the contention made on behalf of the petitioner. 3. Having considered the matter and the fact that the appeal filed by the appellant has not been decided on merits, we deem it expedient in the interest of justice to allow the revision petition and set aside the dismissal order of the appeal and restore the appeal on is original number on the board of the State Commission to be decided on merits in accordance with law which will be subject to cost of Rs.7,000/- to the respondent in addition to the amount which was remitted to her for defending the present petition. Ordered accordingly. 4. Parties are directed to appear before the State Commission on 19.11.2012 for further directions. Needless to mention that we have not bestowed any consideration to the merits of the appeal and the State Commission will be free to decide the appeal in accordance with law.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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