Surya Infrastructure And Builders vs Vikram Singla

LEARNED counsel for the petitioner present. Arguments heard.

THE State Commission, Punjab passed the following order on 16.1.2015: "For the appellant : None For Respondent : None JUSTICE GURDEV SINGH, PRESIDENT Again no one has appeared today on behalf of the appellant. On the previous date also no one appeared on its behalf. The impugned order was passed in favour of the complainant as a consumer and that order passed against the appellant, being a servicer provider.

The continuous absence of the appellant shows that it is no more interested in pursuing the appeal. The same is, therefore, dismissed in default.

The sum of Rs.25,000/ - deposited at the time of filing of the appeal alongwith interest which has accrued thereon, if any, shall be remitted by the registry to the respondents/complainant by way of a crossed cheque/demand draft after the expiry of 45 days of the sending of certified copy of the order to it."

SINCE the respondent, Shri Vikram Singla did not appear before the State Commission, it is not necessary to summon the respondent in this case. It is also not clear whether the appeal stands admitted or not. Consequently, we are not sending summons to the respondent. Learned counsel for the petitioner admits that the appeal is pending for the last five years and he could not produce the evidence.

LEARNED counsel for the petitioner submits that he has not deposited any amount.

IN the interest of justice, the order passed by the State Commission is hereby set aside, subject to the condition that the petitioner would deposit Rs.2 lakh with the State Commission, Punjab, within a period of four weeks. Without prejudice, State Commission to keep the money in a nationalized bank under FDR and order its disbursal at the time of final judgment. Five years have elapsed but the petitioner is yet to produce the evidence. He is further burdened with further costs of Rs.25,000/ -, which be deposited with the Consumer Welfare Fund in the name of "Pay and Accounts Officer -Ministry of Consumer Affairs'', payable at New Delhi through demand draft within one month. To make the things easy, said amount may be deposited with the Registrar of this Commission who will transmit the same to the concerned department.

THE parties are directed to appear before the State Commission on 28.5.2015. The State Commission will expedite the case and decide it within three months from 28.5.2015 onwards. If possible, the case can be taken up on day to day basis. The petitioner be heard only if it shows the compliance of abovesaid order before the State Commission.

COPY of this order be sent to the respondent.

THE revision petition stands disposed of in above terms.