Tribunals and CommissionsSingle Bench(2023) 06 NCDRC CK 0014

Tilak Grah Nirman Sahakari Sanstha Through President Mohd Sharif Khan vs Syed Ali

National Consumer Disputes Redressal Commission · Decided on 6 June 2023

HON’BLE JUDGES
Deepa Sharma, Presiding Member
RESULT
Disposed Of
CASE NUMBER
Revision Petition No. 60 Of 2023

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Judgment

7 paragraphs · 270 words

Deepa Sharma, Presiding Member

In this Case no to and fro expenses for the Respondent/Complainant have been fixed.  Rs.25,000/- are fixed as to and for expenses, which shall be paid by the Petitioner to the Respondent/Complainant by way of Demand Draft.

In case the to and fro expenses are not paid by the Petitioner, the Respondent/Complainant shall be free to file Execution Application for recovery of the same before the District Forum.

It is submitted by the learned Counsel for the Respondent/Complainant on instructions received that he has no objection if the Impugned Order dated 07.11.2022 be set aside on payment of heavy costs.  It is also submitted that the Petitioner had not attended the Madhya Pradesh State Consumer Disputes Redressal Commission at Bhopal (for short the State Commission) consecutively on four dates and that is why his Appeal was dismissed.

In view of the submission of the learned Counsel for the Respondent/Complainant, the Impugned Order dated 07.11.2022 is set aside and it is directed that the Appellant (Petitioner herein) be heard on merits.  The Parties are directed to appear before the State Commission on 01.08.2023. In case the Appellant (Petitioner herein) does not appear before the State Commission on the given date, the State Commission shall be free to pass appropriate orders while disposing of the Appeal.

While disposing of the present Revision Petition, costs of Rs.25,000/- are imposed upon the Petitioner, which shall be paid to the Respondent/Complainant by way of Demand Draft before the State Commission on the date of hearing.

It is expected that the State Commission shall dispose of the Appeal as early as possible.