DR. LOKESH BANSAL Vs SHIV CHARAN & ORS.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION 21 Oct 2016 2806 of 2016 (2016) 10 NCDRC CK 0046
Result Published

Judgement Snapshot

Case Number

2806 of 2016

Hon'ble Bench

Ajit Bharihoke, S.M. Kantikar

Advocates

Sudesh Kumar Singh

Final Decision

Petition Dismissed

Judgement Text

Translate:

1. This revision petition is directed against the following interim order dated 28.7.2015 passed by State Commission, Delhi:-
"28.07.2015.
FA-128/14
Present : Sh. Shiv Charan, Appellant in person
Sh. V. K. Sharma, Counsel for Respondent 1
Sh. Neeraj Sharma, Counsel for Respondent 2
None for Respondent 3.
Sh. Ankit Sharma, Proxy counsel for counsel for respondent 4.
Sh. Dinesh Kumar, Nursing Orderly (hospital) of OP 5.
Respondent -2 has filed reply.
No one has appeared on behalf of Respondent -3. Even on the last date of hearing no one had also appeared. Respondent No. 3 is proceeded exparte.
Respondent No. 1, 4 & 5 prays adjournment for filing reply to the appeal.
Let the same be filed by the Respondent No. 1, 4 & 5 within six weeks with an advance copy to the appellant.
Re-notify on 07.01.2016 ."


2. Learned counsel for the petitioner submits that the non-appearance of the petitioner on the relevant date of hearing before the State Commission was unintentional. The petitioner was under the impression that his counsel would be appearing but the counsel did not appear as he has shifted to Ghaziabad. On perusal of the above order, we find that on 28.7.2015, no effective proceedings were drawn and only ex parte order against the petitioner was passed. Law relating to ex parte is well settled. If a person has been proceeded ex parte, he can always join the case at the later stage. Arguments on appeal are yet to be heard. Therefore, the petitioner will have chance to argue the appeal.

3. Under such circumstances, we find no reason to interfere with the impugned order as no injustice would be caused to the petitioner.

4. The revision petition stands dismissed.
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