ORAL

           STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/02/2021

(Against the order dated 07-09-2020 in Misc. Case No. 177/2020    (Complaint Case No.156/2020 of the District Consumer Forum, Ghaziabad )

Oriental Insurance Company Limited

Lucknow Regional Office

2^nd Floor, 43, Jeewan Bhawan, Phase-I

Hazratganj, Lucknow.

Through the Manager 

                                                                                    ...Revisionist

                                                     Vs.

M/s Dasna Indane Gas Service

Ummed Market,

Kallu Garhi Chowk

Hapur Road, Dasna

Ghaziabad

Through its Partner Sanjiv Kumar Mittal

                                                                                    ...Opposite party

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Revisionist         :   Sri Ashok Kumar Rai, Advocate.

For the Opposite Party   :   Sri Pratul Srivastava, Advocate.

Dated :  09-07-2021

                                                  JUDGMENT

      MR. JUSTICE ASHOK KUMAR, PRESIDENT 

                        Sri Ashok Kumar Rai, learned Counsel for the revisionist appeared.

          Sri Pratul Srivastava, learned Counsel put in appearance on behalf of the opposite party.

          Heard learned Counsel for the parties.

          Admittedly a complaint has been filed by the opposite party before the Permanent Lok Adalat at Ghaziabad which has been registered as Case No. 41/2017. Both the parties are admittedly participating in the said proceedings. However, the opposite party has filed the Case No. 156/2020 before the District Consumer Commission, Ghaziabad in which an order

:2:

has been passed on 07-09-2020 registering the complaint filed by the opposite party.

          The submission of the learned Counsel for the revisionist is that once the case is pending before the Permanent Lok Adalat at Ghaziabad against the same issue and dispute, there was no occasion to the District Consumer Commission, Ghaziabad to adjudicate the proceedings filed by the opposite party and to register the case before it.

          During the course of arguments learned Counsel representing the opposite party has fairly accepted that the opposite party has moved an application before the Permanent Lok Adalat for withdrawing its Case No. 41/2017. No orders are yet passed by the learned Permanent Lok Adalat.

          In view of the above, it would be appropriate to dispose of the present revision with a direction to the learned District Consumer Commission, Ghaziabad to await the decision of the Permanent Lok Adalat on the withdrawal application filed by the opposite party and thereafter to proceed in the matter in accordance with law. This proceeding of withdrawing the case before the Permanent Lok Adalat will be finalized by the Permanent Lok Adalat expediciously and if possible within three months from today.

          Certified copy of this order will be placed by learned Counsel for the parties before the Permanent Lok Adalat, Ghaziabad as well as before the District Consumer Commission, Ghaziabad within two weeks.

          The revision is disposed of accordingly.  

Let copy of this order be made available to the parties as per rules.

The Stenographer is requsted to upload this order on the website of this Commission today itself.

                                                      ( JUSTICE ASHOK KUMAR )

                                                                                  PRESIDENT

          Pnt.