NCDRC

NCDRC

FA/817/2024

MR. SHASHI BHUSAN DIWEDI S/O. SHRI SHIV DUTT DIWEDI - Complainant(s)

Versus

GANDHARV INFRASTRUCTURE AND PROJECTS LTD. - Opp.Party(s)

MR. ANUBHAV AGRAWAL, ANKIT DIXIT, PRACHI GUPTA,ZAMEER AHMAD & TAUSEEF PARVEZ

09 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 817 OF 2024
(Against the Order dated 21/02/2024 in Complaint No. 440/2017 of the State Commission Uttar Pradesh)
1. MR. SHASHI BHUSAN DIWEDI S/O. SHRI SHIV DUTT DIWEDI
R/O. M/S. PANDIT TRAVELS, 5-25, VIKAS DEEP BUILDING, 22, STATION ROAD, LUCKNOW, UTTAR PRADESH
...........Appellant(s)
Versus 
1. GANDHARV INFRASTRUCTURE AND PROJECTS LTD.
THROUGH ITS DIRECTOR, A-902/5, BLOCK-A, INDIRA NAGAR, NEAR VIKAS CONVENTION CENTRE, LUCKNOW, UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ROHIT KUMAR SINGH,PRESIDING MEMBER

FOR THE APPELLANT :
MR. ANUBHAV AGRAWAL, ADVOCATE (VC)

Dated : 09 October 2024
ORDER

Ld. Counsel for Appellant has joined the proceedings by Video Conferencing and brings our attention the Order Sheet of Ld. SCDRC, UP (page 18) dated 21.02.2024 and states that while an application for an adjournment of the case was given by the Ld. Advocate on behalf of the Opposition, the Ld. Counsel for the Complainant was absent before SCDRC on that day. Hence, the Complaint No.440 of 2017 was dismissed for non-prosecution.

Ld. Counsel for the Appellant further states that the matter was pending for final arguments before the Ld. SCDRC, UP on the above said date, i.e., 21.02.2024.

In the interest of Justice, the Appeal is allowed and the Complaint No.440 of 2017 is restored and remanded back to the Ld. State Commission to be decided on merits after hearing both the parties.         

Parties shall appear before the Ld. State Commission on 28.11.2024.

          However, a cost of Rs.10,000/- may be imposed on the Appellant with the advice to be careful in future.

 
...........................................
ROHIT KUMAR SINGH
PRESIDING MEMBER

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