NCDRC

NCDRC

RP/4012/2010

M/S. BIG APPLE MANUFACTURING - Complainant(s)

Versus

WILLIAM D. HOOPS & ANR. - Opp.Party(s)

IN PERSON

10 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4012 OF 2010
 
(Against the Order dated 08/06/2010 in Appeal No. 1202/2008 of the State Commission Andhra Pradesh)
1. M/S. BIG APPLE MANUFACTURING
1-8-167 to 179, S.D. Road, Behind HDFC Bank, Paradise Circle (West)
Secunderabad - 500003
Andhra Pradesh
...........Petitioner(s)
Versus 
1. WILLIAM D. HOOPS & ANR.
D. No. 2/139-M3, Vamananapally, Puttaparthy - 515134
Ananthapur
Andhra Pradesh
2. M/S. GUPTA COMMUNICATIONS
Represented by its Proprietor Sri S. Jitendera Gupta, Court Road, Aasha Hospital
Ananthapur
Andhra Pradesh
...........Respondent(s)

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

For the Petitioner :
Mr. P.C. Shrivastava, Advocate
For the Respondent :NEMO

Dated : 10 Mar 2011
ORDER

Heard Counsel for the petitioner.  There are concurrent findings of two fora below.  Counsel for the petitioner states that the petitioner was not properly served.  There is a clear and categorical finding of the State Commission that the second opposite party/petitioner was proceeded ex-parte as he failed to attend before the District Forum for hearing on 24.4.2007.  The State Commission further observed that the postal acknowledgements of both the opposite parties were received by the District Forum.  The District Forum after satisfying itself, proceeded ex-parte against the second opposite party/petitioner.    The petitioner had not put up any substantive defence in the proceedings.  The substantial question raised in the appeal related to service on the petitioner.  Both the fora below have held that the petitioner was served.  The State Commission has observed that second opposite party namely the petitioner being the supplier of the goods is jointly and severely liable.

In view of this, we are not inclined to interfere with the orders of fora below in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986.  The revision is, accordingly, dismissed with no order as to costs.           

 

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.