NCDRC

NCDRC

RP/2296/2024

NATIONAL HIGHWAYS AUTHORITY OF INDIA - Complainant(s)

Versus

SHASHANK RAO SAHIB & ANR. - Opp.Party(s)

M/S. V. BALAJI & ASSOCIATES

11 Sep 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2296 OF 2024
(Against the Order dated 05/07/2024 in Appeal No. 662/2024 of the State Commission Tamil Nadu)
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
...........Petitioner(s)
Versus 
1. SHASHANK RAO SAHIB & ANR.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. BINOY KUMAR,PRESIDING MEMBER
 HON'BLE MRS. JUSTICE SAROJ YADAV,MEMBER

FOR THE PETITIONER :
MS. PALAK MUNJAL, ADVOCATE
MR. NIZAMUDDIN, ADVOCATE
MR. V. BALAJI, ADVOCATE

Dated : 11 September 2024
ORDER

The learned Counsel for the Petitioner submitted that she has filed this Revision Petition against the Order of the Tamil Nadu State Consumer Disputes Redressal Commission dated 05.07.2024, which dismissed her Appeal on grounds of non-compliance of returns made by the Registry and non-appearance on the date fixed. There was no representation from the Appellant regarding the non-appearance before the State Commission.

The learned Counsel for the Petitioner submitted that the non-appearance before the State Commission was not willful, but on account of the case not shown on the website of the State Commission. She further submitted that even till date, this case does not show on the website of the State Commission. She further submitted that she needs to be heard on merits.

Perused the record.

There may be plausible reasons for the Petitioner before the State Commission for not being present on account of technical fault in the website of the Commission and they are also not heard on merits. Though, we are partly in agreement with the submission of the learned Counsel for the Petitioner that the website may not be working, however, she has not been able to submit whether the physical copy of notice was not sent by the State Commission to the learned Counsel or that there was no other written communication made by the Registry of the State Commission to the Petitioner.

Accordingly, we consider it proper to remand the Revision Petition to the State Commission, which shall hear the same on merits, subject to a cost of Rs. 10,000/- to be deposited in the legal aid account of the State Commission.

The Order of the State Commission dated 05.07.2024 is set aside. The Parties to appear before the State Commission on 15.10.2024.

The Revision Petition is accordingly disposed of.

‘Dasti’ permitted.

 
............................
BINOY KUMAR
PRESIDING MEMBER
 
 
............................J
SAROJ YADAV
MEMBER

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