NCDRC

NCDRC

FA/586/2022

RAM GOVIND TRIPATHI & ANR. - Complainant(s)

Versus

GWALIOR DEVELOPMENT AUTHORITY & ANR. - Opp.Party(s)

MR. RITESH KHARE & MR. AKHILESH

18 Jul 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 586 OF 2022
(Against the Order dated 27/06/2022 in Complaint No. 73/2014 of the State Commission Madhya Pradesh)
1. RAM GOVIND TRIPATHI & ANR.
S/O. SH. RADHESHYAM TRIPATHI, R/O. 47, LAKSHMIBAI COLONY, PADAAAV GWALIOR, M.P.
2. VIKAS MISHRA
S/O. SH. PREMNARAYANA MISHRA, R/O. 47, LAKSHMIBAI COLONY, PADAAAV GWALIOR,
M.P.
...........Appellant(s)
Versus 
1. GWALIOR DEVELOPMENT AUTHORITY & ANR.
THROUGH ITS EXECUTIVE OFFICER, RAVI NAGAR,
GWALIOR,
M.P.
2. GWALIOR DEVELOPMENT AUTHORITY,
THROUGH ITS ESTATTE OFFICER, RAVI NAGAR, GWALIOR, M.P.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER

FOR THE APPELLANT :
MR. AKHILESH, ADVOCATE
MR. RITESH KHARE, ADVOCATE
MR. RAM GOVIND TRIPATHI, ADVOCATE
MR. VIKAS MISHRA, ADVOCATE
FOR THE RESPONDENT :
MR. VIKAS NAUTIYAL, ADVOCATE FOR
MR. MANISH SAXENA, ADVOCATE

Dated : 18 July 2023
ORDER

1.      Heard counsel for the parties. 

2.      The above appeal has been filed against the order of State Consumer Disputes Redressal Commission, Madhya Pradesh dated 27.06.2022 by which the complaint of the complainant was dismissed in default.  In the impugned order, the State Commission has noticed that the complainant did not appear on 12.02.2021 and 19.05.2022 and again on 27.06.2022.  So far as 12.02.2021 and 19.05.2022 are concerned, these were Covid-19 period and mostly lockdown were imposed, therefore, the complainants did not appear on these dates.  The counsel for the opposite party, however, objects in respect of default on 27.06.2022, but there is nothing on record that the date fixed on 27.06.2022 was communicated to the complainants.  Therefore, the default committed on 27.06.2022 is also explained.

ORDER

          In the result, the appeal succeeds and is allowed.  The order of the State Commission dated 27.06.2022 is set aside.  The complaint Case No.73/2014 is restored to its original number.  The complainant is appearing before this court will appear before the State Commission on 31.07.2023 along with certified copy of the order.  On that date, the State Commission shall fix a date according to its convenience and proceed with the matter.  

 
..................................................J
RAM SURAT RAM MAURYA
PRESIDING MEMBER

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