NCDRC

NCDRC

FA/96/2020

TATA MOTORS FINANCE LIMITED - Complainant(s)

Versus

DEEPIKA BADDAM & ANR. - Opp.Party(s)

M/S. AVNEESH SARAN & CO.

12 Feb 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 96 OF 2020
 
(Against the Order dated 25/11/2019 in Complaint No. 182/2019 of the State Commission Telangana)
1. TATA MOTORS FINANCE LIMITED
THROUGH ITS AUTHORIZED SIGNATORY SHRI JOHNSON ANDREWS, HAVING ITS OFFICE AT:2ND FLOOR, TIWARI HOUSE, NEAR RAJENDRA PLACE METRO STATION,
NEW DELHI-110025
...........Appellant(s)
Versus 
1. DEEPIKA BADDAM & ANR.
W/O BADDAM VEKASTESHWARA SWAMY, HOUSE NO.4-90/B, KHAMMAM X ROAD, KODAD
SURYAPET-508206,
TELENGANA
2. M/S HDFC STANDARD LIFE INSURANCE CO. LTD
REGISTERED AND HEAD OFFICE AT LODHA EXELUS, 13TH FLOOR, APOLLO MILLS COMPOUND, N M JOSHI MARG, MAHALAKSHMI,
MUMBAI-400011
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Appellant :
Mr.Avneesh Saran, Advocate &
Ms.Anita Saran, Advocate
For the Respondent :

Dated : 12 Feb 2020
ORDER

IA No.1156 of 2020 (Condonation of delay)

          According to the appellant, the present appeal is delayed by 19 days and he files an application for condonation of delay i.e. IA No.1156 of 2020.  Heard.  For the reasons given in the application, the delay is condoned.  The I.A. stands disposed of.

FA No.96 of 2020

1.      Arguments on the appeal are heard.  The present appeal has been filed against the order dated 25.11.2019 whereby the appellant i.e. opposite party no.2 before the State Commission, had been proceed ex-parte.  It is argued that the appellant had although instructed his counsel to appear before the State Commission but he did not attend the proceedings.  It is further submitted that no relief has been claimed by the complainant in his complaint against them, if the impugned order is set aside, they intend to move an application for deletion of its name. 

2.      I have given thoughtful consideration to the contentions and the arguments.  Although it is argued that counsel was instructed to appear before the State Commission on the date of impugned order i.e. 25.11.2019 yet neither the name of the counsel who was to appeare disclosed nor there is any averment that vakalatnama was executed in favour of the said counsel by the appellant.  In the light of these, I find no ground to set aside the impugned order since no reasonable grounds has been shown.  The appellant was very well aware of the date of hearing i.e. 25.11.2019 still it did not duly attended or ensured that date of hearing is attended.

3.      The appeal is hereby dismissed having no merit.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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