National Consumer Disputes Redressal
National Seeds Corporation Ltd. vs Dadaso Baburao Burge & Anr. on 30 March, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 131 OF 2013 (Against the Order dated 09/07/2012 in Appeal No. 1948/2003 of the State Commission Maharastra) 1. NATIONAL SEEDS CORPORATION LTD. BEEJ BHAWAN COMPLEX NEW DELHI - 110012 ...........Petitioner(s) Versus 1. DADASO BABURAO BURGE & ANR. R/O DHANBHED WADI, TALUKA, KHATAV, SATARA MAHARASTRA 2. - - ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
For the Petitioner : Mr. Arnav Patnaik, Advocate For the Respondent : For the Respondent No.1 : Nemo
For the Respondent No.2 : Ex parte
Dated : 30 Mar 2015 ORDER
None appeared for respondent no.1 even in second round, though on last date counsel for respondent no.1 appeared.
-2-Petitioner has filed this revision petition against order dated 9.7.2012 passed by State Commission in F.A. No.A/03/1948- National Seeds Corporation Ltd. Vs. Dadaso Baburao Burge, by which appeal was dismissed as appellant had no locus standi to file the appeal.
On the last date of hearing, learned counsel for petitioner was asked to apprise whether petitioner is ready to file appeal in the name of Regional Manager, National Seeds Corporation Ltd. before the State Commission. Today learned counsel for petitioner submitted that appeal before the State Commission was filed by National Seeds Corporation Ltd. through Regional Manager and in such circumstances, appellant has no objection in filing appeal in the name of Regional Manager, National Seeds Corporation Ltd.
As complaint was filed against Regional Manager, National Seeds Corporation Ltd. and appeal has been filed by National Seeds Corporation Ltd. through Regional Manager, it would be appropriate to set aside the impugned order and direct the petitioner to move application for amendment of memo of appeal filed before the State Commission showing appeal by Regional Manager, National Seeds Corporation Ltd. and State Commission is directed to allow -3- aforesaid amendment and after that State Commission is directed to decide the appeal on merits.
Consequently, revision petition filed by the petitioner is allowed and order dated 9.7.2012 passed by the learned State Commission in F.A. No.A/03/1948 - National Seeds Corporation Ltd. Vs. Dadaso Baburao Burge is set aside and matter is remanded back to learned State Commission to decide the appeal afresh on merits after giving an opportunity of hearing to both the parties after allowing application for amendment of memo of appeal as directed above.
Parties are directed to appear before the State Commission on 5.5.2015.
......................J K.S. CHAUDHARI PRESIDING MEMBER