31.07.2014

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

Today is the date fixed for payment of cost as per direction of the Hon’ble National Commission and also for hearing of the Appeal. Ld. Advocate for the Appellant is present. None appears for the Respondent. 

There is a direction dt. 23.10.13 by the Hon’ble National Commission in connection with Revision Petition No. 1841 of 2012 upon this Commission to hear the matter and the parties were directed to appear before this Commission on 28.11.13 with the further direction that the Complainant be heard after satisfying that the costs of Rs. 5,000/- imposed upon the Complainant on 15.7.13 and Rs. 2,500/- on 4.10.13 by the Hon’ble National Commission are paid to the OP. The Hon’ble National Commission was further pleased to direct this Commission to expedite the case and dispose of the same within four months. On 28.11.13 none appeared for the Appellant but the Ld. Advocate for the Respondent was present and a date was fixed for appearance of the parties and further orders on 30.12.13. Thereafter, several dates were fixed, but none appeared for the Appellant. On 22.7.14 both the sides were present and the Ld. Advocate for the Appellant/Complainant submitted that he will pay the costs as directed by the Hon’ble National Commission and prayed for time. Today is the date fixed for payment of cost and hearing of the Appeal. It is submitted by the Ld. Advocate for the Appellant that the costs were not paid. As per pre-condition laid down by the Hon’ble National Commission for hearing of the Appeal, we are of the view that since the costs have not been paid by the Appellant/Complainant to the OP/Respondent, the Appellant/Complainant is debarred from making submission on merits in the Appeal. The Appeal, therefore, stands dismissed.