MOHINDER GUPTA Vs. FRONTIER CONSTRUCTIONS CO

JUDGEMENT

(1.) This is a miscellaneous petition seeking recalling of our order dated 28.8.2001 by which we had dismissed the complaint for non-prosecution. Complaint was filed on 11.5.1994 claiming an amount of Rs. 20.00 lakhs as damages for loss of goods suffered by her and her suffering injuries on account of negligent act of the opposite parties. When this matter came up before this Commission on 1.5.2001 we passed the following order :

(2.) On 28.8.2001 we found there was no compliance of our order and an adjournment was sought. We passed the following order which is now sought to be recalled :

(3.) For one thing this order would appear to be on merit as there was no evidence and cannot be reviewed. However, from the application seeking to have this order recalled, we find that complainant is imputing negligence on the part of her Counsel for not informing her the order dated 1.5.2001. Then the complainant says that though she has been enquiring every week about the progress of her case from Ms. Madhu Tewatia, she was told every time that it will take long time for decision of the case as the National Commission was burdened with heavy work. Then complainant says on 24.8.2001 she got a telephonic message from her Counsel that she had shifted her residence to DLF Colony Gurgaon and during the shifting she had misplaced brief of the case including the documents.