NCDRC

NCDRC

FA/418/2011

SAMBIT RESIDENCY OWNER'S SOCIETY - Complainant(s)

Versus

M/S. SAMBIT RESORTS PVT. LTD. - Opp.Party(s)

MR. SUSHIL KABRA

27 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 418 OF 2011
 
(Against the Order dated 19/09/2011 in Complaint No. 145/2009 of the State Commission Orissa)
1. SAMBIT RESIDENCY OWNER'S SOCIETY
Represented through its Secretary, Shr. A.V. Ravi, Duplex No. 5, G.G.P. Colony, P.O.-G.G.P. Colony, PIN-751025
...........Appellant(s)
Versus 
1. M/S. SAMBIT RESORTS PVT. LTD.
Represented by its Director- Shri Subhash Ch. Nayak, A/16, Ashok Nagar, Bhubaneswar,
Distt-Khurda
ORISSA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
Mr.Suman Tripathy, Advocate for
Mr.Sushil Kabra, Advocate
For the Respondent :
Mr.Shubhranshu Padhi, Advocate

Dated : 27 Jul 2012
ORDER

        State Commission has dismissed the complaint filed by the appellant in default for want of appearance.  Since the State Commission does not have the power to review/recall its own orders under the Consumer Protection Act, present appeal was filed seeking setting aside of the order of the State Commission.

        Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.

        In the interests of justice, the impugned order of the State Commission dismissing the complaint in default due to non-appearance is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

        Parties, through counsel, are directed to appear before the State Commission on 6.9.2012.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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