J.K. SYNTHETICS LTD. Vs. BHIM SINGH JAIN

JUDGEMENT

(1.) This Revision Petition No. 937 of 2008 has been filed against the order dated 17.12.2007, passed by State Consumer Disputes Redressal Commission, Delhi (short, State Commission ) in First Appeal No. 443 of 2008 by the petitioner/Company.

(2.) Dr. Bhim Singh Jain was the respondent before the State Commission and has reportedly expired. Report of the Registry in this regard dated 6.9.2013 had noted that it was not understood why M/s. J.K. Synthetics Ltd., the petitioner has made Dr. Bhim Singh Jain as the respondent. This report had also suggested that since nothing is brought on record as to the existence of original complainants namely Mrs. Kanta Devi Jain and Mrs. Kasturi Jain, they can be presumed to be alive and if so, they have to be made respondents. To clarify this matter, the Commission sought original records of both the State Commission as well as District Forum vide its order dated 9.9.2013. Original record of State Commission has been received whereas President of District Forum, New Delhi has reported that the original record has been weeded out as it had been affected by termite.

(3.) Be that as it may, the matter was finally heard on 13.6.2016, where the petitioner was duly represented by its Counsel while no one appeared on behalf of the respondent. It was also observed on that day that the respondent has been absent since 2008. Liberty was also given to the petitioner to file written submission, if any on or before 7.7.2016.