LAWS(NCD)-2015-4-140

M P MOTORS Vs. NAVEEN KUMAR JAIN

Decided On April 20, 2015
M P Motors Appellant
V/S
Naveen Kumar Jain Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 06-11-2012 whereby the appeal filed by the petitioner against the order of the District Forum dated 05-01-2005 was dismissed in default.

(2.) The complainant/respondent No.1 filed a consumer complaint on 17-09-2004 seeking compensation from the petitioner, from whom the chassis of a vehicle was purchased by him. The purchase was got financed from Mahindra & Mahindra Finance which was impleaded as opposite party No.2 in the complaint.

(3.) Vide its order dated 05-01-2005 the District Forum allowed the complaint. Being aggrieved from the order passed by the District Forum the petitioner approached the State Commission by way of an appeal. The said appeal was dismissed as barred by limitation, vide order dated 01-12-2005. Being aggrieved from dismissal of the appeal the petitioner approached this Commission by way of a revision petition. That petition having been dismissed he approached the Hon'ble Supreme Court by way of a civil appeal. Vide order dated 16-11-2009 the Hon'ble Supreme Court allowed the appeal filed by the petitioner and remitted the matter back to the State Commission for hearing the same on merits. The State Commission thereafter dismissed the appeal for non-prosecution on 06-11-2012. On coming to know of the said dismissal the petitioner filed an application seeking restoration of the appeal. The said application was dismissed vide order dated 01-08-2014. Being aggrieved the petitioner is before us by way of this revision petition.