NCDRC

NCDRC

RP/1134/2012

S.R. AZAD - Complainant(s)

Versus

REGIONAL PROVIDENT FUND COMMISSIONER & ANR. - Opp.Party(s)

MR. BRIJESHWAR SINGH KANWAR

23 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1134 OF 2012
 
(Against the Order dated 13/02/2012 in Appeal No. 1154/2007 of the State Commission Punjab)
1. S.R. AZAD
S/o Sh Gorkhu Ram, R/o House No- 347/178 New Laxmi Puri, Salem Tabri
Ludhiana
Punjab
...........Petitioner(s)
Versus 
1. REGIONAL PROVIDENT FUND COMMISSIONER & ANR.
Sham Nagar, Near Bus Stand
Ludhiana
Punjab
2. M/s Single Cycle Ltd.,
Opp Dhandari Kalan Railway Station, G.T Road, Through its manager,Director, Sh Rajesh Kumar S/o Sh Madan lal
Ludhiana
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Ambuj Aggarwal, Advocate
For the Respondent :
R-1 Mr. Shivnath Mahantha, Advocate
Mr. A. Pandey, Enf. Officer of R-1

Dated : 23 Jan 2013
ORDER

This revision petition is directed against the order of the State Commission, Punjab dated 13.2.2012 whereby the State Commission dismissed the appeal filed by the appellant for non-prosecution noting the previous non-appearances of the appellant on seven dates of hearing. Learned counsel for the respondent No.1 submits that there is no reason given for non-appearance of the appellant on the various dates of hearing, yet in the interest of justice, the respondent No.1 has no objection in restoring the appeal in the interest of justice, subject to cost for delay caused by negligent conduct of the appellant. In view of the concession given at the bar and taking into account the oral facts and circumstances of the case and the fact that respondent No.2 was ex-parte before the State Commission, we set aside the impugned order and restore the appeal field before the State Commission, subject to payment of cost of Rs.10,000/- to respondent No.1 within two weeks. Revision petition stands disposed of.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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