NCDRC

NCDRC

RP/1880/2012

THYROCARE TECHNOLOGIES LTD. - Complainant(s)

Versus

DR. RAJENDRA HIRALAL BEDMUTHA - Opp.Party(s)

MR. R.S. HEGDE & MS. SONALI KARWASRA

08 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1880 OF 2012
 
(Against the Order dated 13/12/2011 in Appeal No. 70/2008 of the State Commission Maharastra)
1. THYROCARE TECHNOLOGIES LTD.
Having its Registerd Office at: D-37/1,T.T.C,MIDC Turbhe
Navi Mumbai - 400 703
Maharastra
...........Petitioner(s)
Versus 
1. DR. RAJENDRA HIRALAL BEDMUTHA
Having his Office at Chaitanya Hospital Buldana Tah,
Buldhana
Maharastra
...........Respondent(s)

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

For the Petitioner :
Mr. R.S. Hegde, Advocate
For the Respondent :
Mr. G.V. Rangnath, Advocate

Dated : 08 Aug 2012
ORDER

Counsel for the parties present. There is a delay of 29 days in filing this revision petition before this Commission.  Counsel for the petitioner submits that the delay occurred due to the fact that the papers sent to the Advocate at Delhi were illegible. On his objection, legible papers were sent, which caused the delay, which is not the satisfactory ground. The fault lies at the doors of the petitioner, who sent the illegible copies. Counsel for the respondent opposes his application for condonation of delay and argues that the Advocate has unnecessarily been involved in this case and therefore, the application for condonation of delay should be dismissed.

2.      In the interest of justice, we condone the delay in filing this revision petition before this Commission subject to payment of Rs. 5,000/- as cost, which will be deposited with the Consumer Legal Aid Account of this Commission. 

3.      Now we turn to the application on merits. The appeal filed by the petitioner was dismissed in default by the State Commission, which held as follows:

None for the appellant is present, its counsel is also absent.  Respondent as well as his counsel are also absent.  The record reflects that both the parties are absent since 23.04.2008.  Hence, appeal deserves to be dismissed in default. Accordingly, it is dismissed. No order as to cost.”

4.   The said order was passed on 13.12.2011, which clearly goes to show the negligence, inaction and passivity on the part of the petitioner and his counsel.

5.   We have heard the counsel for the parties at length.  It is also surprising to note that the State Commission took 3 and half years in passing the order of dismissal in default.  It should have dismissed the appeal at the very first instance.

6.   In the interest of justice, we allow the appeal and restore the case before the State Commission subject to payment of cost of Rs. 10,000/-, which will be deposited with the Consumer Legal Aid Account of this Commission.

7.   Both the parties are directed to appear before the State Commission on 03.09.2012.  The State Commission will hear both the parties on merits and will proceed against ex-party against the party or dismiss the case in default which does not appear on 03.09.2012 or subsequently.  Arguments be heard after satisfying that the costs stand paid.

8.   The amount already deposited by the petitioner with this Commission except the above paid costs will be subject to the verdict of the State Commission.

9.   The revision petition stands disposed of.

 

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

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