Haj Committee Of India vs Haji Pyare Mirza

Avm J. Rajendra, Avsm Vsm (Retd.), Presiding Member

The present Revision Petition has been filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 (the “Act”) against impugned order dated 24.10.2016, passed by the learned State Consumer Disputes Redressal Commission, U.P., Lucknow (‘State Commission’) in First Appeal No.1526/2009, wherein the Appeal filed by the Petitioner/Opposite Party was dismissed for non-appearance as also non-prosecution.

For convenience, the parties are referred to as in the original Complaint filed before the learned District Forum. “Haj Committee of India” is referred to as “the Petitioner/OP” and “Haji Pyare Mirza” is referred to as the Respondent/Complainant.

As the Legal Heirs of the deceased Respondent/Complainant did not appear on several occasions, they were proceeded ex-parte vide order dated 16.02.2024.

Heard the learned Counsels for the Petitioner on the limited question of restoration of the Appeal which was dismissed by the learned State Commission on 24.10.2016 for want of prosecution.

Learned Counsel for the Petitioner/OP submitted that due to miscommunication between the previous advocates and the advocates engaged subsequently, they did not pursue the Appeal before the State Commission. He sought to restoration of the Appeal and remanding the matter back to the State Commission for deciding the Appeal on merits.

Considering the facts and circumstances of the case, the arguments advanced and the interest of justice, the order dated 24.10.2016 passed by the learned State Commission in First Appeal No. 1526/2009 is set aside and the Appeal is restored to its original number, subject to the Petitioner depositing a cost of Rs.10,000/- with the Consumer Legal Aid Account at the State Commission, within a period of four weeks from the date of this order. Consequently, the present Revision Petition is allowed.

The learned State Commission is requested to decide the Appeal as per law.

Petitioner is directed to appear before the learned State Commission on 03.06.2024. Petitioner is further directed that the particulars of the Legal Heirs of the deceased Respondent/ Complainant be placed by way of an appropriate Application before the learned State Commission, in accordance with law, along with proof of deposit of cost imposed vide this order on the said date.

The Revision Petition 511 of 2017 stands disposed of.

All pending Applications, if any, also stand disposed of accordingly