NCDRC

NCDRC

RP/4162/2012

M/S. KOTAK MAHINDRA PRIME LTD. - Complainant(s)

Versus

DHIRAJ SETHI & ANR. - Opp.Party(s)

M/S. PRISTINE COUNCILORS

14 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4162 OF 2012
 
(Against the Order dated 27/08/2012 in Appeal No. 237/2009 of the State Commission Delhi)
1. M/S. KOTAK MAHINDRA PRIME LTD.
Also Office at: Plot No-4, Unit No-101, DDA Center, First Floor, District Center, laxmi Nagar
DELHI - 92
...........Petitioner(s)
Versus 
1. DHIRAJ SETHI & ANR.
S/o Sh, Inder Mohan Sethi, R/o BM - 88, West Shalimar Bagh
DELHI
2. Shri Inder Mohan Sethi, S/o Sh. Mohan Lal Sethi,
R/o BM - 88 West Shalimar Bagh
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Ajay Wadhwa, Advocate
For the Respondent :NEMO

Dated : 14 Mar 2013
ORDER

 

Learned counsel for the petitioners present.  The learned counsel for the petitioner sent the demand draft to the respondent alongwith an application which unfortunately does not mention the date of hearing.  A.D. card received from respondent No. 2.  Everybody has got the same address.  They should have appeared before the Commission.  They have not turned up and they are proceeded ex parte.

          Arguments on merits heard. 

The case of the petitioners was dismissed by the State Commission vide the following order:-

“27.8.2012

FA-237/09

Present:  None for the Appellant

None for Respondent.

1.   None appeared on behalf of both the parties despite repeated calls in the first and second call.

2.   Call again at 12.30 p.m.

(V. K. Gupta)

Member (Judicial)

The case is called out at 12.30 p.m.  also but none appeared on behalf of both the parties nor their counsels appeared despite repeatedly calls.  The appeal dismissed in default for the parties.”

 

Learned counsel for the petitioners submits that his associate/ advocate could not turn up because he was not well.  The counsel submits that learned counsel  for respondent has two or three other associates. If he was not feeling well, his other associates should have attended the State Commission.

In the interest of justice, we restore the case.  The petitioner has already paid litigation charges to the respondents in the sum of Rs.10,000/- but they have not turned up.  The case is restored to its original number without any further condition.

The parties are directed to appear before the State Commission on 2.4.2013.  The State Commission will see to it that further notice is sent to the respondent because they have not appeared.

The revision petition is disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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