NCDRC

NCDRC

RP/4079/2012

M/S. KOTAK MAHINDRA PRIME LTD. CO. LTD - Complainant(s)

Versus

MANU BANSAL, - Opp.Party(s)

M/S. PRISTINE COUNCILORS

08 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4079 OF 2012
 
(Against the Order dated 24/09/2012 in Appeal No. 334/2007 of the State Commission Delhi)
1. M/S. KOTAK MAHINDRA PRIME LTD. CO. LTD
And its Office at: Plot No-4, Unit No-101, DDA Center First Floor, District Center, Laxmi Nagar
DELHI - 110092
...........Petitioner(s)
Versus 
1. MANU BANSAL,
S/o Shri.R.K.Bansal, R/o A/88, Sector-35 Noida
DISTRICT - GAUTAM BUDH NAGAR, GHAZIABAD
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Sanjay Mishra, Advocate
For the Respondent :
In person

Dated : 08 Mar 2013
ORDER

PER JUSTICE J.M. MALIK

 

1.          Counsel for the petitioner present.  The case was dismissed in default by the State Commission on 24.09.2012.  The said order is reproduced as follows:-

                           

 “In this appeal a registered notice was sent to the appellant Kotak Mahindra on 25.07.2012 with acknowledgement.  More than 30 days have gone-by, notice has been received back, and hence the service is presumed on the appellant Kotak Mahindra.  Today the appeal is listed for hearing on admission.

    Appeal is dismissed in appellant’s default.

    FDR, if any, deposited by the appellant be released in his favour after completing due formalities.”

2.      It is submitted that Sri Kant, Associated Counsel could not appear because he was busy before the District Court, Saket.  Counsel for the petitioner admits that there are 5-6 Advocates working in their office.  If Sri Kant was not available, other counsel should have attended the State Commission’s proceedings.  However, in the interest of justice, we restore the appeal before the State Commission subject to payment of Rs. 10,000/-, which will be paid to the respondent directly through demand draft before the next date of hearing before the State Commission.

3.          Parties are directed to appear before the State Commission on 09.04.2013.  The State Commission is directed to see that the said amount stands paid to the respondent and thereafter it will decide the case on merits expeditiously.

4.      The revision petition stands disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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