NCDRC

NCDRC

RP/3518/2013

PAWAN KUMAR SONI - Complainant(s)

Versus

UNNAO- SHUKLAGANJ VIKAS PRADHIKARAN - Opp.Party(s)

MD. ZARYAB JAMAL RIZVI & MS. FIRDOUSE Q WANI

24 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3518 OF 2013
 
(Against the Order dated 12/07/2013 in Appeal No. 911/2011 of the State Commission Uttar Pradesh)
1. PAWAN KUMAR SONI
S/O SHRI SHIV DAS SONI, R/O: 133/64 JUHU-HAMIRPUR ROAD,
KANPUR
UTTAR PRADESH
...........Petitioner(s)
Versus 
1. UNNAO- SHUKLAGANJ VIKAS PRADHIKARAN
CURRENT ADD: MOTI NAGAR,
DISTRICT : UNNAO
UTTAR PRADESH
2. UNNAO- SHUKLAGANJ VIKAS PRADHIKARAN ,
OLD ADD : OFFICE UDA, CIVIL LINES,
UNNAO
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Zaryab J. Rizvi, Advocate
For the Respondent :

Dated : 24 Oct 2013
ORDER

PER JUSTICE J.M. MALIK

 

          Counsel for the petitoner present.  The case of the petitioner was dismissed in default.  The impugned order runs as follows:-

 

“Dated : 12.7.2013

Announced by Hon’ble Sh. Ramcharan Chaudhary,

Presiding Member

JUDGMENT

  None is present on behalf of appellant since July, 2011.  Complaint of the complainant/appellant was dismissed vide District Forum’s judgment/order dated 15.4.2011.  In this appeal, no pairvi is being done on behalf of appellant and no notice has been sent to the respondent.  In these circumstances, due to absence of the appellant and no pairvi, appeal is liable to be dismissed.

ORDER

  Appeal is dismissed.

  A copy of this judgment/order be supplied to each part as per rules.

                                                                                         Sd/-

                                                                       (Ramcharan Chaudhary)

                                                                               Presiding Member

 

                                                                                        Sd/-

                                                                                (Sanjay Kumar)

                                                                                     Member”

    

     It is thus clear that notice is yet to be issued to the respondent.  Consequently we can hear the counsel for the petitioner in the absence of the respondent.

     Counsel for the petitioner points out that the case was fixed on 06.01.2013, 12.06.2012 and again on 28.01.2013 but his case was adjourned without any rhyme or reason.  The State Commission should have taken up this case on these stages.  He could not appear on 12.07.2013 because according to the petitioner, the counsel was sick.  Medical certificate has been attached.

      Under these circumstances, we restore the case without any conditions.  The petitioner is directed to appear before the State Commission on 22.11.2013.  The State Commission will try to hear the case on the date fixed.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
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.