Tribunals and CommissionsDivision Bench(2023) 03 NCDRC CK 0050

Mitali Mondal @ Mithu Mondal & 3 Ors vs Smt.Latika Das & 19 Ors

National Consumer Disputes Redressal Commission · Decided on 14 March 2023

HON’BLE JUDGES
Dinesh Singh, Presiding Member · Karuna Nand Bajpayee, Member
RESULT
Dismissed
CASE NUMBER
Miscellaneous Application No. 250 Of 2022 In RP No. 2829 Of 2014 & Miscellaneous Application No. 251 Of 2022 In RP No. 2830 Of 2014

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Judgment

7 paragraphs · 236 words

M.A. No. 251 of 2022 in R.P. No. 2830 of 2015

Heard.

1.

Revision petition no. 2830 of 2015 was dismissed for non-prosecution vide this Commission’s Order dated 23.06.2022. Application no. 251 of 2022 seeks its restoration. The application was filed on 03.08.2022, beyond the limitation period of 30 days prescribed for such applications. However, in the interest of justice, the delay is condoned.

2.

We have perused the record including this Commission’s Order dated 23.06.2022 and the application no. 251 of 2022.

3.

The Order dated 23.06.2022 is self-contained and self-speaking. As its plain reading would show, though it was passed in the absence of the petitioner but the record was perused and note was taken of the concurrent findings of the two fora below before dismissing the revision petition in default in the absence of the petitioner, not noticing any jurisdictional error or material irregularity as could go to vitiate the findings. We have once again adverted our mind but find no good reason to take a different view. No good or persuasive ground to restore the petition is evident.

4.

The application no. 251 of 2022 is dismissed. The Order dated 23.06.2022 stands as it stood.

5.

The Registry is requested to send a copy each of this Order to the parties and to their learned counsel immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.