NCDRC

NCDRC

MA/777/2013

UP DAKPAL & 3 ORS. - Complainant(s)

Versus

GANGA SUGAR CORPORATION LTD. - Opp.Party(s)

DR. UDAY VEER SINGH

21 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 777 OF 2013
 
IN
RP/4902/2012
1. UP DAKPAL & 3 ORS.
...........Appellants(s)
Versus 
1. GANGA SUGAR CORPORATION LTD.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Appellant :
Dr. Uday Veer Singh, Advocate
For the Respondent :
Mr. B.K. Upadhyay, advocate

Dated : 21 Feb 2014
ORDER

Respondent has filed reply to M.A. Nos. 777/2013, 778/2013 & 779/2013 in three revision petitions. Heard learned counsel for the parties. Learned counsel for the petitioner submitted that revision petitions were dismissed in default on 11-11-2013 as his train reached at 1.50 PM and he moved application on the same day for restoration, hence revision petitions be restored. Learned counsel for the respondent submitted that on earlier two dates also proxy counsel for the petitioner appeared and the matters were adjourned, hence restoration applications be dismissed. Revision petitions were dismissed in default on 11-11-2013, as none appeared for the petitioner but on the same day after dismissal of revision petitions, petitioner appeared before this Commission and moved application and apprised that his train reached at 1.50 PM so he could not reach to the Commission in time. Thus, it becomes clear that petitioner was not negligent in attending proceedings but due to late arrival of the train petitioner could not reach to the Commission in time. In such circumstances, restoration applications are to be allowed. Consequently, M.A. Nos. 777/2013, 778/2013 & 779/2013 in all the three revision petitions are allowed subject to payment of Rs.1,000/- as cost in each of the revision petitions and order dated 11-11-2013 passed by this Commission in Revision Petition Nos. 4902/2012, 4903/2012 & 4904/2012 are recalled and revision petitions are restored at their original number. Put up on 07-05-2014 for final hearing at admission stage.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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