National Consumer Disputes Redressal
Dr. Binoy Gupta vs Additional Director, Central ... on 23 February, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 4416 OF 2014 (Against the Order dated 25/09/2014 in Appeal No. 49/2012 of the State Commission Maharastra) 1. DR. BINOY GUPTA R/AT 1101 SHIROMANI, RAJ KAMAL LANE, PAREL MUMBAI - 4000012 MAHARASHTRA ...........Petitioner(s) Versus 1. ADDITIONAL DIRECTOR, CENTRAL GOVERNMENT HEALTH SCHEME & ANR. OLD CGO BUILDING, PRATISHTHA BHAWAN, GROUND FLOOR, SOUTH WING, 101, M.K ROAD, NEW MARINE LINES, MUMBAI - 400020 MAHARASHTRA 2. DIRECTOR, CGHS, MINISTRY OF HEALTH & FAMILY WELFARE NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI - 110011 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE MR. DR. S.M. KANTIKAR, MEMBER For the Petitioner : Mr. Rajesh Kumar, Advocate For the Respondent : Mr. Rajat Gaur, Advocate Dated : 23 Feb 2015 ORDER PER JUSTICE J. M. MALIK The Counsel for the parties present. Arguments heard.
The Counsel for the Petitioner submits that he could not appear on the last date of hearing because he was not well. This ground hardly satisfies us. If he was sick he could have sent his Junior Counsel and if he is not having the Counsel, he could have informed the Registrar of this Commission through telephone or fax or could have even sent some person to inform the Commission. The Commission is not supposed to wait for him from morning till evening.
The Counsel for the Respondent does not have any objection if the matter is restored with costs. Therefore, the matter is restored on its original number with costs of Rs.5,000/-, which will be deposited with the Consumer Legal Aid Account of this Commission within one Month. The impugned order stands set aside.
The parties are directed to appear before the State Commission on 16.04.2015 for arguments. The Petitioner be heard only, if the cost is paid by the Petitioner. Accordingly, the present Revision Petition is disposed of.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER