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Tribunals and CommissionsSingle Bench(2023) 09 NCDRC CK 0024

U.P Avas Evam Vikas Parishad vs Arun Kumar Tiwari

National Consumer Disputes Redressal Commission · Decided on 1 September 2023

HON’BLE JUDGES
Karuna Nand Bajpayee · Presiding Member
RESULT
Dismissed
CASE NUMBER
Revision Petition No. 2328 Of 2019

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Judgment

13 paragraphs · 354 words

Karuna Nand Bajpayee; Presiding Member

1.

No response from the petitioner even on repeated calls.

2.

Petition has been pending since 2019.

3.

Perusal of the order sheet shows that defects have been reported but they have not been cured by petitioner.  Sufficient opportunity has been given to address the defects but the situation has not improved.  It further transpires that even though on 26.08.2022 notice was issued by the Commission but the same could not be sent because the respondent’s set has not been filed.  The matter was again issued on 12.01.2023 and following Order was passed:

As per Office Report the Petitioner has not filed the Respondent’s set and therefore notice could not be issued. Let it be filed within three weeks. Whereafter, the Office shall issue notice to the Respondent’s, returnable on 26.04.2023. List on 26.04.2023.

4.

The opportunity given to the petitioner was still not availed and respondent’s set was not filed.  The matter was taken up again on 26.04.2023 and the following Order was passed:

As per the Office Report, the Petitioner has not filed the Respondent’s set, therefore show cause notice could not be issued.

Let the Petitioner file the Respondent’s set within three weeks whereafter the Registry shall issue notice to the Respondent, returnable on 01.09.2023.

List on 01.09.2023.

5.

Today again matter has been taken up but none appears on behalf of the petitioner, neither the counsel nor proxy counsel nor anybody else is present on its behalf.

6.

It appears to be a clear case of non-prosecution. Lack of earnestness on the part of the petitioner is not allowing the Commission to proceed further.  Hence petition stands dismissed in non-prosecution.

7.

However, in the interest of justice it may be observed that if the petitioner is interested in pursuing the matter in right earnest and feels aggrieved by this Order it may move appropriate recall/restoration application within one month from today.

8.

The Registry is requested to send a copy each of this Order to all parties in the petition. The stenographer is requested to upload this Order on the website of this Commission immediately.