NCDRC

NCDRC

MA/329/2019

OFFICER INCHARGE, INDIGO AIR LINES - Complainant(s)

Versus

DR. JITENDRA PANDA & ORS. - Opp.Party(s)

M/S. SHARDUL AMARCHAND MANGALDAS & CO.

25 Oct 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 329 OF 2019
 
IN
RP/3726/2017
1. OFFICER INCHARGE, INDIGO AIR LINES
...........Appellants(s)
Versus 
1. DR. JITENDRA PANDA & ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :
Mr.Angad Kochar, Advocate &
Mr.Abhilash Chaturvedi, Advocate
For the Respondent :
For the Respondent No.1 : Mr.Sanjay Kumar Roy, Advocate
For the Respondent No.2 : NEMO (served)
For the Respondent No.3 : NEMO (served)

Dated : 25 Oct 2019
ORDER

An application has been filed for extension of time in complying with the order dated 31.07.2018 whereby the petitioner was asked to pay Rs.10,000/- by way of a draft before the State Commission on 11.09.2018.  Learned counsel states that there was a strike on 11.09.2018 and therefore, he could not appear on that date.  The State Commission vide order dated 26.04.2019 has not accepted the draft which was deposited by the applicant on 12.3.2019.  The State Commission has observed that there was a strike in the State Commission which only ended on 16.11.2018.  Learned counsel has stated that by that time, the demand draft was expired and it took some time to get another bank draft and therefore the delay has happened in depositing the bank draft.

On the other hand, the learned counsel for respondent No.1 has stated that the order was to give the demand draft to the respondent/complainant and the same was not to be deposited before the State Commission. One year has passed and the applicant is only delaying the matter. Hence application be dismissed.

          I have considered the arguments advanced by both the learned counsel for the parties. There was a strike in the State Commission till 16.11.2018 and therefore admittedly applicant could not appear on 11.09.2018, however, the applicant should have appeared before the State Commission as soon as the strike ended.  However, the applicant appeared only on 12.03.2019 before the State Commission alongwith the draft.  The learned counsel is ready to give the cost to respondent No.1 in compliance of the order.  In the interest of justice, it is necessary that the appeal is decided by the State Commission, however, as the matter has been unnecessarily delayed by the petitioner, the application is accepted only at an additional cost of Rs.10,000/- to be paid to the respondent/complainant.  Thus, the petitioner shall now pay a sum of Rs.20,000/- to the complainant.

Parties are directed to appear before the State Commission and State Commission shall proceed as per the order of this Commission dated 31.07.2018 after the amount has been paid to the respondent No.1 by way of a demand draft.  Parties to appear before the State Commission on 10.12.2019.  Learned counsel for the applicant may also deposit the bank draft with the Registrar of the State Commission before the date of appearance before the State Commission.

 
......................
PREM NARAIN
PRESIDING MEMBER

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