Tribunals and Commissions(2015) 05 NCDRC CK 0112

GORAKHPUR DEVELOPMENT AUTHORITY vs VISHNU DAYAL

National Consumer Disputes Redressal Commission · Decided on 1 May 2015 · Citation: 2015 2 CPJ 599

HON’BLE JUDGES
D.K. Jain, Vinay Kumar, M. Shreesha
CASE NUMBER
NO 170 of 2015

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Judgment

4 paragraphs · 247 words
1.

By this application, the Petitioner/Authority prays for recall of order dated 18.02.2015, whereby the Revision Petition was dismissed for non-prosecution, as the Petitioner/Authority had remained unrepresented on two dates of hearing. For the reasons stated in the application, which is supported by the affidavit of the Counsel himself, we allow the application; recall order dated 18.02.2015; and restore the Revision Petition to its original position. Application stands disposed of.

2.

Revision Petition Before we take up the Revision Petition for consideration, we would require the Vice Chairman of the Petitioner/Authority to conduct an enquiry into the reasons for delay in filing of the Appeal before the State Commission in the first instance and then for the delay of 174 days in filing the present Revision Petition. The report shall be submitted on an affidavit to be filed by the Vice Chairman himself. If he is convinced that there has been deliberate negligence on the part of any official, he shall indicate the action proposed to be taken against the delinquent official(s).

3.

The Officer concerned shall file his affidavit within eight weeks from today. We may clarify that if the affidavit is not filed within the time granted, we may be constrained to summon the Vice Chairman to appear in person to enable us making appropriate orders in the case. A copy of this order shall be given dasti to Counsel for the Petitioner/Authority to ensure compliance.

4.

List the Revision Petition for directions on 14.07.2015.