NCDRC

NCDRC

RP/607/2013

M/S. HONDA SIEL CARS INDIA LTD. & ANR. - Complainant(s)

Versus

SUJIDA VINOD - Opp.Party(s)

THE ADVOCASSIE

29 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 607 OF 2013
 
(Against the Order dated 19/10/2012 in Appeal No. 550/2011 of the State Commission Maharastra)
WITH
IA/1067/2013,IA/2212/2013
1. M/S. HONDA SIEL CARS INDIA LTD. & ANR.
PLOT NO-A-1 SECTOR-40/41, SURAJPUR KASNA ROAD, GREATER NOIDA INDUSTRIAL DEVELOPMENT AREA,
GAUTAM BUDH NAGAR
U.P = 201306
2. HALLMARK AUTOMOTIVE PRIVATE LTD.,
D-43/2 TTC, INDUSTRIAL AREA, SHIRAVANE, MIDC,
NAVI MUMBAI - 400 706
MAHARASTRA
...........Petitioner(s)
Versus 
1. SUJIDA VINOD
KUNAL-2, PLOT NO-206/207, FLAT NO-303,SECTOR-21, NERUL
NAVI MUMBAI - 400 706
MAHARASTRA
...........Respondent(s)

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

For the Petitioner :
Mr.Arvind Mishra and Mr.Jagdev Singh, Advs.
For the Respondent :
Mr.Vir Bhan Sharma, Adv. for R1
NEMO for R2

Dated : 29 Oct 2013
ORDER

No one appears on behalf of the R2 even on the second call. The R2 is, therefore, proceeded exparte. 2. Learned counsel for the R1 has filed his vakalatnama, which is taken on record. 3. This revision petition is directed against the impugned order of the State Commission dated 19.10.2012 whereby the appeal preferred by the petitioners dismissed for non-prosecution with following observations: n 6th February, 2012 Counsel for the Appellant was directed to file necessary amendment application impleading Mr. L. Anthony and Mr.Manpreet Singh as Appellant along with M/s. Honda Siel Cars India Ltd. and M/s. Hallmark Automotive Pvt. Ltd. Nothing is done. No application is filed as directed by us. Today Appellant is absent. Hence, appeal stands dismissed for default. 4. Learned counsel for the petitioners states that the petitioners were compelled to file this revision petition because in view of the law laid down by the Supreme Court the State Commission has no jurisdiction to review of its own order. Learned counsel for the petitioners further states that absence of the petitioners before the State Commission on 19.10.2013 was unintentional and it occurred because of confusion regarding date of hearing. Thus, he has urged for acceptance of the revision petition and remand the matter back to the State Commission for disposal of the appeal on merit. 5. Shri Vir Bhan Sharma, learned counsel for the respondent has fairly stated that the respondent has no objection, if the impugned order is set aside subject to the cost for delay and the matter is remanded to the State Commission for disposal of appeal on merit within a prescribed time schedule. 6. In view of the explanation given by the learned counsel for the petitioner and the concession given at the Bar by the counsel for the respondent, the revision petition is accepted, impugned order is set aside and the matter is remanded back to the State Commission for decision of appeal on merits subject to cost of Rs.10,000/- to be paid by the petitioners to the respondent no.1 by way of demand draft for the delay caused. 7. Parties are directed to appear before the State Commission on 29.11.2013. The State Commission is requested to dispose of the appeal within three months from the above noted date.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.