National Consumer Disputes Redressal
M/S. Southfield Paints & Chemicals Pvt. ... vs New India Assurance Co. Ltd. & Anr. on 20 March, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI MISCELLANEOUS APPLICATION NO. 148 OF 2015 IN OP/286/2000 1. M/S. SOUTHFIELD PAINTS & CHEMICALS PVT. LTD. ...........Appellants(s) Versus 1. NEW INDIA ASSURANCE CO. LTD. & ANR. ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE MR. DR. S.M. KANTIKAR, MEMBER For the Appellant : For the Respondent : Mrs. Pankaj Bala Verma, Advocate Dated : 20 Mar 2015 ORDER Learned counsel for the OP 1/applicant present. She submits that earlier counsel for OP 1 could not appear at the time of hearing. Later on, OP 1 has been engaged recently for pursuing the application for recall of the order. Nobody had appeared at the time of final arguments on the day when the matter was taken up. On 10th November, 2014, we have decided the original petition No. 286 of 2000, which was perhaps the oldest case pending in this Commission. Nobody had appeared for OP 1 and OP 2. After lapse of about more than 5 months, another counsel, Mrs. Pankaj Bala Verma, learned Advocate appears and -2- submits that she should be heard in this case when there is no error apparent on record. This is the second application moved under the captions modification of order and recall of order. First application was dismissed on 16.1.2015. It is difficult to fathom why should she be heard again and again.
No ground for review is made out. The application is dismissed.
At this stage, she further submits that the client should not suffer for the mistake of his advocate. First of all, this does not show what action they have taken against previous advocate. It is stated that the New India Assurance Company Limited has withdrawn all the cases from him but they have neither filed a complaint against him before the Bar council of India nor they have sued him in a court of law. Moreover, this is the duty of the litigant to be vigilant and see to it that his counsel appears on each and every date.
No ground for recall of the order is made out. The application is dismissed.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER