NCDRC

NCDRC

RP/1453/2014

REGIONAL PROVIDENT FUND COMMISSIONER - Complainant(s)

Versus

MACHINDRA DHONDIBA KAMBALE - Opp.Party(s)

MR. SHIVANATH MAHANTA

03 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1453 OF 2014
 
(Against the Order dated 26/11/2013 in Appeal No. 305/2013 of the State Commission Maharastra)
1. REGIONAL PROVIDENT FUND COMMISSIONER
ASST P.F COMMISSIONER-LEGAL, DELHI, 28-BHAVISHYA NIDHI BHAWAN, WAZIRPUR INDUSTRIAL AREA,
DELHI - 110052
...........Petitioner(s)
Versus 
1. MACHINDRA DHONDIBA KAMBALE
R/O 162 JUNI LAXMI CHAI,
SOLAPUR
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. B.C. GUPTA, PRESIDING MEMBER

For the Petitioner :MR. SHIVANATH MAHANTA
For the Respondent :

Dated : 03 Apr 2014
ORDER

Heard learned counsel for the petitioner. An application has been filed for condoning the delay of two days in filing the present petition. In view of the positions explained in the application, the delay is condoned. Learned counsel for the petitioner stated that this case was fixed for hearing before the State Commission on 15.11.2013, but the Central Government had declared the date as National Holiday on account of Muharram. Thereafter, the petitioner tried to find out the next date of hearing from the State Commission including search from the official website of the Commission, but he could not find out the date. He learnt on 28.11.2013 that the case was dismissed for non-prosecution on 26.11.2013. In view of the positions explained by the petitioner that a holiday was declared on the date of hearing of the case and that there was confusion about the next date of hearing, it is deemed appropriate, in the interest of justice, that the petitioner should be given a chance for hearing his appeal on merits at the level of the State Commission. Accordingly, the order dated 26.11.2013, passed by the State Commission is set aside and appeal before the State Commission is ordered to be restored to its original number. The appellant has been directed to appear before the State Commission on 19.05.2014. The State Commission shall then dispose of the matter in accordance with law.

 
......................
DR. B.C. GUPTA
PRESIDING MEMBER

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