NCDRC

NCDRC

RP/2253/2008

SOUTH EASTERN RAILWAY & ORS - Complainant(s)

Versus

Y . GOPAL KRISHAN - Opp.Party(s)

MR. RAJESHWAR SINGH

25 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2253 OF 2008
 
(Against the Order dated 11/07/2007 in Appeal No. 7/2001 of the State Commission Rajasthan)
1. SOUTH EASTERN RAILWAY & ORS
Tata Nagar Railway Station
Bihar
2. THE STATION MASTER
Suratgarh Railway Station
Sriganganagar
Rajasthan
...........Petitioner(s)
Versus 
1. Y . GOPAL KRISHAN
Resident of 2/402, Housing Board, Suratgarh Railway Station
Sriganganagar
Rajasthan
...........Respondent(s)

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

For the Petitioner :
Mr. Neeraj Singh , Advocate for
Mr. Rajeshwar Singh, Advocate
For the Respondent :NEMO

Dated : 25 Mar 2011
ORDER

Proxy Counsel present on behalf of the Counsel for the Petitioner. He states that the Counsel for the Petitioner is sick. On 12.11.2010 the following order was passed :- earned counsel for the Petitioner states that last opportunity be given to the Petitioner to serve the Respondent. The revision is pending for want of service for almost two years now after the Petitioner had obtained the stay order. Accordingly, last and final opportunity is given to the Petitioner to serve the Respondent. The Petitioner may, in case if so desired, apply for substituted service. However, the Petitioner shall ensure that the Respondent is served for the next date, failing which the revision petition may have to be dismissed. Adjourned to 11.2.2011 for direction. Dasti copy of notice and this order be given to Counsel for the Petitioner. On 11.2.2011 two weeks time was sought for filing application for substitute service by the Counsel for the Petitioner. In spite of the said order there has been no compliance and the application for substituted service has not been filed. The revision is pending for want of service for more than 2 years after the Petitioner had obtained stay. In these circumstances, we have no other alternative but to dismiss the revision for non prosecution with cost of Rs.10,000/- to be deposited in the Consumer Legal Aid Account of this Commission within a period of 6 weeks, failing which no revision of South Eastern Railways shall be registered in this Commission.

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

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