NCDRC

NCDRC

FA/244/2012

JOGINDER SANSALWAL - Complainant(s)

Versus

INDIA BULLS HOUSING FINANCE LTD. - Opp.Party(s)

MR. KARAMVEER SINGH

06 Dec 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 244 OF 2012
 
(Against the Order dated 27/02/2012 in Complaint No. 342/2010 of the State Commission Delhi)
1. JOGINDER SANSALWAL
S/o Late Sh. Ranjit Singh, R/o 378, Main Road, Katwaria Sarai,
NEW DELHI-1100016
...........Appellant(s)
Versus 
1. INDIA BULLS HOUSING FINANCE LTD.
Through its Authorized Officer, F-60, Malhotra Building Second Floor, Cannaought Place,
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Appellant :MR. KARAMVEER SINGH
For the Respondent :NEMO

Dated : 06 Dec 2012
ORDER

Heard learned counsel for the appellant. Learned State Commission vide impugned order dated 27.05.2011 dismissed the complaint in default. The appellant filed restoration application on 21.10.2011, which was dismissed on 27.02.012 and now this appeal has been filed on 02.05.2012 with a prayer to set aside the impugned order dated 27.05.2011. No doubt the appeal has been filed with a delay of 11 months but it appears from the record that about four months were spent in pursuing the restoration application and after dismissal of restoration application, this appeal has been filed against order dismissing the complaint in default. In the interest of justice, we deem it proper to condone the delay in filing the appeal and set aside the impugned order and restore the complaint. Consequently, the appeal is allowed and the impugned order dated 27.05.2011 passed by the learned State Commission in Complaint No.342/2010 Joginder Sanswal Vs. India Bulls Housing Finance Ltd. is set aside subject to depositing Rs.5,000/- as cost with Consumer Legal Aid Account of this Commission within four weeks and the complaint is restored at its original number. Complainant is directed to appear before the learned State Commission on 23.01.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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