NCDRC

NCDRC

FA/274/2014

SHYAM KUMAR - Complainant(s)

Versus

M/S. MAHAVIR AUTOMOBILE PVT. LTD. & ANR. - Opp.Party(s)

MR. ADITYA VERMA

20 May 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 274 OF 2014
 
(Against the Order dated 04/04/2014 in Complaint No. 09/2013 of the State Commission Himachal Pradesh)
1. SHYAM KUMAR
S/O. SH. PARMANAND, R/O. VPO PATTA, TEHSIL BHORANJ,
DISTRICT-HAMIRPUR
HIMACHAL PRADESH
...........Appellant(s)
Versus 
1. M/S. MAHAVIR AUTOMOBILE PVT. LTD. & ANR.
AUTHORIZED DEALER OF MAHINDRA CONSTRUCTION, EQUIPMENT INDIA, THROUGH ITS PROPRIETOR SH. KIRAN KUMAR, S/O. SH. VYAS DEV, R/O. VILLAGE BHANGROTU, TEHSIL SADAR,
DISTRICT-MANDI,
HIMACHAL PRADESH
2. MAHINDRA CONSTRUCTION EQUIPMENT INDIA LTD.,
THROUGH ITS MANAGING DIRECTOR, CAKAN PUNE-410501,
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Appellant :
Mr. Aditya Verma, Advocate
For the Respondent :

Dated : 20 May 2014
ORDER

Heard learned counsel for the appellant. 2. Learned counsel for the appellant submitted that on account of noting down wrong date, appellant could not appear before State Commission on 04-04-2014 and complaint was dismissed in default, which may be restored. In support of his contention, he has filed copy of diary in which he noted next date as 09-04-2014 instead of 04-04-2014. 3. Perusal of impugned order also reveals that on that date no one was present on the side of opposite party no. 1 & 2. 4. As complaint has been dismissed in default on account of noting down wrong date, we deem it appropriate to allow this appeal and set aside the impugned order so that the matter may be decided on merits. 5. Consequently, appeal filed by the appellant is allowed and impugned order dated 04-04-2014 passed by learned State Commission in Complaint No. 09/2013 Shri Shyam Kumar Vs. M/s Mahavir Automobile Pvt. Ltd. & Anr. is set aside and complaint is restored at its original number. Matter is remanded back to learned State Commission to proceed in accordance with law after giving notice to the opposite parties. 6. Appellant is directed to appear before State Commission on 24.07.2014.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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