NCDRC

NCDRC

RP/1736/2013

DIVISIONAL RAILWAY MANAGER - Complainant(s)

Versus

VIJAY KUMAR SINHA - Opp.Party(s)

MR. PARMINDER SINGH GOINDI

23 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1736 OF 2013
 
(Against the Order dated 22/01/2013 in Appeal No. 1657/2009 of the State Commission Uttar Pradesh)
1. DIVISIONAL RAILWAY MANAGER
(THROUGH SENIOR DIVISIONAL COMMERCIAL MANAGER,) DRM OFFICE,NORTHERN CENTRAL RAILWAYS. NAWAB YUSAF ALI ROAD,
ALLAHABAD
U.P
...........Petitioner(s)
Versus 
1. VIJAY KUMAR SINHA
S/O.SH DAMODAR SINHA, R/O 193 ALLEGANJ
ALLAHABAD
U.P
...........Respondent(s)

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

For the Petitioner :MR. PARMINDER SINGH GOINDI
For the Respondent :NEMO

Dated : 23 Aug 2013
ORDER

Petitioner has filed the documents. Heard learned counsel for the petitioner and perused the record. State Commission vide its impugned order dated 22.1.2013, dismissed the appeal of the petitioner on the ground that petitioner did not comply the directions dated 3.12.2009 by which petitioner was directed to deposit the amount within seven days and further did not comply the directions given in the order dated 8.1.2010. Petitioner has deposited Rs.25,000/- on 25.1.2010 as ordered on 3.12.2009 after dismissal of his earlier application, by order dated 8.1.2010. No doubt petitioner has not deposited Rs.25,000/- within a period of one month from 3.12.2009 but has deposited this amount within a period of one month from subsequent order dated 8.1.2010. Not only this, by order dated 3.12.2009, it was observed that order of the District Forum was to remain stayed on deposit of Rs.25,000/- within a month with the District Forum, meaning thereby, if petitioner did not deposit this amount, the stay granted would not be operative. Appeal could not have been dismissed for non-compliance of this order as the petitioner had already deposited the statutory amount with the State Commission. In such circumstances, impugned order is liable to be set aside. Consequently, revision petition is allowed and order dated 22.1.2013 passed in First Appeal No.1657 of 2009 (Divisional Railway Manager North, Central Railway Vs.Vijay Kumar Sinha) is hereby set aside. State Commission is directed to decide the appeal in accordance with law after giving opportunity of hearing to both the parties. Petitioner is directed to appear before the State Commission on 25.9.2013.

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

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