M.D. Rathore vs Manghesh Uro Centre & Anr

R.K. Agrawal, President Member

The present Revision Petition has been preferred by Mr. M.D. Rathore, the Petitioner herein against the Order dated 23.03.2022 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (hereinafter referred to as ‘the State Commission’) whereby the State Commission had dismissed the Appeal No.843/2015 filed by the Petitioner for want of prosecution as also against the Order dated 07.06.2022 in R.A. No.10/2022 passed by the State Commission whereby the State Commission had dismissed the said Review Application.

I have heard the Ms. Anubha Agrawal, learned Amicus Curiae for the Petitioner, Mr. Ravindra Tiwari, learned Counsel for the Respondent No.1 & Ms. Aakriti Goel, learned Counsel for the Respondent No.2 and perused the Impugned Orders passed by the State Commission, as also, grounds taken in the Memo of Revision and documents filed along with it.

Ms. Anubha Agrawal, learned Amicus Curiae for the Petitioner states that the Petitioner could not appear on 23.03.2022 before the State Commission because of senior citizen incapable of walking and she prays that one last opportunity be given to the Petitioner to appear before the State Commission.  The learned Counsel for the Respondents have argued in support of the Impugned Orders passed by the State Commission.

In view of the facts and circumstances of the Case and in the interest of justice, in my considered opinion that one opportunity be given to the Petitioner to appear before the State Commission for deciding the Appeal on merits.  Therefore, the Impugned Orders dated 23.03.2022 and 07.06.2022 passed by the State Commission are hereby set aside and the Appeal No.843/2015 filed by the Petitioner before the State Commission is restored to its original number.  The State Commission is requested to decide the Appeal on merits expeditiously.   The Petitioner is directed to appear before the State Commission on 24.04.2023.  The Revision Petition is accordingly disposed of.