Tribunals and Commissions(2016) 10 NCDRC CK 0046

DR. LOKESH BANSAL vs SHIV CHARAN & ORS.

National Consumer Disputes Redressal Commission · Decided on 21 October 2016 · Citation: 2017 0 AIR(Raj) 52

HON’BLE JUDGES
Ajit Bharihoke, S.M. Kantikar
RESULT
Petition Dismissed
CASE NUMBER
2806 of 2016

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Judgment

17 paragraphs · 287 words
1.

This revision petition is directed against the following interim order dated 28.7.2015 passed by State Commission, Delhi:-

"28.07.2015.

FA-128/14

Present : Sh. Shiv Charan, Appellant in person

Sh. V. K. Sharma, Counsel for Respondent 1

Sh. Neeraj Sharma, Counsel for Respondent 2

None for Respondent 3.

Sh. Ankit Sharma, Proxy counsel for counsel for respondent 4.

Sh. Dinesh Kumar, Nursing Orderly (hospital) of OP 5.

Respondent -2 has filed reply.

No one has appeared on behalf of Respondent -3. Even on the last date of hearing no one had also appeared. Respondent No. 3 is proceeded exparte.

Respondent No. 1, 4 & 5 prays adjournment for filing reply to the appeal.

Let the same be filed by the Respondent No. 1, 4 & 5 within six weeks with an advance copy to the appellant.

Re-notify on 07.01.2016 ."

2.

Learned counsel for the petitioner submits that the non-appearance of the petitioner on the relevant date of hearing before the State Commission was unintentional. The petitioner was under the impression that his counsel would be appearing but the counsel did not appear as he has shifted to Ghaziabad. On perusal of the above order, we find that on 28.7.2015, no effective proceedings were drawn and only ex parte order against the petitioner was passed. Law relating to ex parte is well settled. If a person has been proceeded ex parte, he can always join the case at the later stage. Arguments on appeal are yet to be heard. Therefore, the petitioner will have chance to argue the appeal.

3.

Under such circumstances, we find no reason to interfere with the impugned order as no injustice would be caused to the petitioner.

4.

The revision petition stands dismissed.