NCDRC

NCDRC

FA/765/2012

UMA MITTAL - Complainant(s)

Versus

YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. B.M. MITTAL

19 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 765 OF 2012
 
(Against the Order dated 12/10/2012 in Complaint No. 216/2010 of the State Commission Delhi)
1. UMA MITTAL
W/O. SHRI BRIJ MOHAN MITTAL, R/O. 2404, SECTOR-16,
FARIDABAD-121002
HARYANA
...........Appellant(s)
Versus 
1. YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY
(THROUGH CHIEF EXECUTIVE OFFICER) A-1, 1ST FLOOR, COMMERCIAL COMPLEX, SECTOR-BETA-2, GRATER NOIDA,
DIST-GAUTAM BUDH NAGAR
U.P.-201308
2. AXIS BANK LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS CENTRAL OFFICE AT 131, MAKER TOWER-FCUFF ARADE, COLABA
MUMBAI-400005
3. THE BRANCH MANAGER,
AXIS BANK LTD., ADITYA CORPORATE PLAZA, COMMUNITY CENTRE, KARKARDOOMA
DELHI-110092
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Appellant :
Mr. B. M.Mittal, AR of the appellant
For the Respondent :NEMO

Dated : 19 Feb 2013
ORDER

Mr. B. M. Mittal filed Power of Attorney on behalf of appellant. Learned State commission vide impugned order dated 12.10.2012 dismissed complaint of the complainant / appellant on account of non-appearance. AR of the appellant submitted that as per Internet order sheet of State Commission in this case, matter was adjourned to 05.02.2013 for evidence of opposite party. He further submitted that it appears that after adjournment of matter order sheet was changed and on ground of absence of the complainant, complaint was dismissed. State Commission order sheet dated 12.10.2012 in complaint case no. 216/10 downloaded from internet reads as under: 2.10.2012 Page 12 of 17 12-10-2012 C-216/10 Present : Sh. Naven Bansal, Counsel for the Complainant. Mr. Brijesh Bagga, Counsel for the OP-1. Sh. Yogesh Kr. Vidyakar, Counsel for OP-2. 1. Ld. Counsel for the Complainant has filed rejoinder and evidence of the complainant. Copy furnished. 2. Fix 5.2.2013 for evidence of the OP. (V.K.GUPTA) MEMBER (JUDICIAL) Rn http://delhistatecommission.nic.in/dorder/b2_10.12.htm 07-12-2012 Apparently, it appears that after adjourning matter for 05.02.2013, complaint was dismissed in default on 12.10.2012. As complaint has been dismissed on account of absence of both the parties and as per AR complaint is fixed for final arguments, I deem it proper to restore the complaint for disposal in accordance with law. Consequently, appeal filed by the appellant is allowed and impugned order dated 12.10.2012 passed by Learned State Commission in CC no. 216/10 is set aside and complaint is restored at its original number. State Commission is direct to decide the matter on merits after giving opportunity of being heard to both the parties. Appellant is directed to appear before State Commission on 19.03.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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