Tribunals and Commissions(2015) 07 NCDRC CK 0065

VISHNU LAXMAN SURVE vs VANDANA MANOHAR DICHOLKAR & ORS ; SHASHIKANT UMAKANT MALVEE; LOKPRIYA HOUSING DEVELOPMENT PVT LTD ; RAVINDRA TARACHAND MALVE

National Consumer Disputes Redressal Commission · Decided on 29 July 2015

HON’BLE JUDGES
V B Gupta
CASE NUMBER
1204 of 2011

AI Structured Summary

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Judgment

11 paragraphs · 281 words

V. B. Gupta, J.

[1] By way of this revision petition, petitioner has challenged impugned order dated 26.10.2010 vide which appeal filed by him before State Commission was dismissed in default.

[2] The impugned order read as under; "26th October, 2010

-:ORDER SHEET:-

This appeal already stood dismissed for default by this Commission by order dated 16.06.2010. Therefore, this appeal be struck off from the file and admittedly, the costs as per conditional order dated 02.08.2010 in Misc. Application No.363/2010 are not paid and therefore restoration is not allowed.

[3] Learned counsel for respondent no.4 states that there is no objection, if the impugned order passed by the State Commission is set aside and the matter is remanded back to the State Commission for deciding the appeal afresh after hearing all the parties in accordance with provisions of law subject to cost.

[4] In view of above statement given by learned counsel for respondent no.4, the present revision petition is allowed subject to payment of cost of Rs.10,000/- (Rupees Ten Thousand Only). Consequently, the impugned order passed by the State Commission is set aside and the matter is remanded back to the State Commission for deciding the appeal afresh after hearing all the parties, in accordance with provisions of law.

[5] Cost be deposited by the petitioner by way of demand draft in favour of "Consumer Legal Aid Account" of this Commission, within four weeks.

[6] The State Commission shall make an endeavour to dispose of the appeal preferably within a period of one year, from the date of receipt of this order.

[7] Parties are directed to appear before the State Commission on 08.09.2015.

[8] Dasti to both the Parties.