w w w . L a w y e r S e r v i c e s . i n



M/s. Agarwal Packers & Movers Drs Group & Another v/s Capt. Dibeyendu Pal


Company & Directors' Information:- D B GROUP INDIA PRIVATE LIMITED [Active] CIN = U63000MH2006PTC158759

Company & Directors' Information:- AGARWAL PACKERS AND MOVERS LIMITED [Active] CIN = U63090MH2005PLC154749

Company & Directors' Information:- C S A V GROUP INDIA PRIVATE LIMITED [Not available for efiling] CIN = U72900DL2004PTC124999

Company & Directors' Information:- A S J MOVERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034770

Company & Directors' Information:- MOVERS (INDIA) PRIVATE LIMITED [Active] CIN = U29244KA1979PTC003510

Company & Directors' Information:- L C PACKERS PRIVATE LIMITED [Active] CIN = U25202DL2012PTC241798

Company & Directors' Information:- PAL MOVERS PRIVATE LIMITED [Active] CIN = U34102OR2004PTC007569

Company & Directors' Information:- S R MOVERS PVT LTD [Active] CIN = U63031WB1988PTC044863

Company & Directors' Information:- K M D PACKERS PRIVATE LIMITED [Active] CIN = U74950DL2000PTC104742

Company & Directors' Information:- A G MOVERS PRIVATE LIMITED [Strike Off] CIN = U15542CH1999PTC022472

Company & Directors' Information:- PACKERS INDIA PVT LTD [Active] CIN = U99999MH1985PTC038391

Company & Directors' Information:- Q E D PACKERS PRIVATE LIMITED [Active] CIN = U74950DL2001PTC110725

Company & Directors' Information:- G S S GROUP PRIVATE LIMITED [Strike Off] CIN = U01212KL1995PTC009575

Company & Directors' Information:- S S A S PACKERS PRIVATE LIMITED [Active] CIN = U21029WB2012PTC179508

Company & Directors' Information:- C T A MOVERS PVT LTD [Active] CIN = U51103WB1989PTC047754

Company & Directors' Information:- AGARWAL MOVERS PRIVATE LIMITED [Active] CIN = U63090DL2009PTC194937

Company & Directors' Information:- D C GROUP PVT LTD [Active] CIN = U51109WB1981PTC033553

Company & Directors' Information:- AT GROUP INDIA LIMITED [Active] CIN = U74999MH2013PLC247209

Company & Directors' Information:- R & L GROUP LIMITED [Strike Off] CIN = U01403HR2012PLC046635

Company & Directors' Information:- PACKERS AND MOVERS INDIA PRIVATE LIMITED [Strike Off] CIN = U60231PN2000PTC015145

Company & Directors' Information:- MOVERS-N-PACKERS INDIA PRIVATE LIMITED [Strike Off] CIN = U60231PN2000PTC015146

Company & Directors' Information:- J. S. PACKERS PRIVATE LIMITED [Active] CIN = U36991UP1995PTC018211

Company & Directors' Information:- V J MOVERS PRIVATE LIMITED [Strike Off] CIN = U60231DL2004PTC131550

Company & Directors' Information:- AGARWAL MOVERS AND PACKERS INDIA PRIVATE LIMITED [Active] CIN = U63000DL2010PTC201365

Company & Directors' Information:- PACKERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U14102KA1999PTC024636

Company & Directors' Information:- PACKERS PRIVATE LIMITED [Active] CIN = U21010MH1968PTC014058

Company & Directors' Information:- K B S PACKERS PVT LTD [Strike Off] CIN = U99999UP1972PTC003540

Company & Directors' Information:- S A E MOVERS PRIVATE LIMITED [Active] CIN = U72200PN2001PTC016159

Company & Directors' Information:- A & A PACKERS PRIVATE LIMITED [Active] CIN = U63090UP2011PTC047868

Company & Directors' Information:- S H K PACKERS PRIVATE LIMITED [Strike Off] CIN = U21000HP2013PTC000458

Company & Directors' Information:- MOVERS PRIVATE LIMITED [Under Liquidation] CIN = U00349KA1976PTC002985

Company & Directors' Information:- M-AGARWAL PACKERS AND MOVERS PRIVATE LIMITED [Active] CIN = U63040DL2020PTC361391

    Revision Petition No. 1308 of 2018

    Decided On, 01 November 2018

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE DR. S.M. KANTIKAR
    By, PRESIDING MEMBER & THE HONOURABLE MR. DINESH SINGH
    By, MEMBER

    For the Petitioners: Mahendra Singh, Rajat Sharma, Advocates. For the Respondent: Charan Singh, Advocate.



Judgment Text

1. Heard learned counsel for the revision petitioners – opposite parties and the learned counsel for the respondent – complainant. Perused the material on record.

2. The complaint was dismissed by the District Forum vide its Order dated 23.11.2016. The revisionists – opposite party – M/s Agarwal Packers & Movers DRS Group filed an appeal in the State Commission with admitted delay of 221 days. The State Commission dismissed the appeal vide its impugned Order dated 30.11.2017.

3. The State Commission inter alia observed as below:

Heard the Ld. Advocates of the parties on the issue and perused the material on record.

It is though contended by the Appellants that they did not receive any notice from the Ld. District Forum in respect of the complaint case, it transpires from the impugned order that notice was issued to both the Appellants. However, despite proper service of notice, they did not turn up before the Ld. District Forum.

That apart, there is no such averment from the side of the Appellants that notice in respect of the Execution Case was also not served upon them. Therefore, it can safely be inferred that they did receive notice of the Execution Case. Question arises, whey they did not approach the Ld. District Forum forthwith to defend their case. Unfortunately, the Appellants have not shown any cogent ground for not acting upon the Execution Notice being issued by the Ld. District Forum.

On going through the record, it appears that the Appellants have filed mere photocopies of relevant documents those were filed in the complaint case. Going by the assertion of the Appellants that they did not receive any notice from the Ld. District Forum in respect of the complaint case, we wonder, if that was indeed the case, wherefrom did they get hold of the relevant documents pertaining to the complaint case. Had they obtained certified copies of all documents from the Ld. District Forum, the same would invariably contain necessary endorsement of the Ld. District Forum like the copy of impugned order.

It is absolutely clear, therefore, that the Appellants have not approached this Commission with clean hands. This is highly deplorable. The ground shown in the petition for condonation of delay being not tenable the same is rejected with a cost of Rs.20,000/-, payable to the Respondent by the Appellants.

Consequently, the Appeal also stands dismissed being hopelessly barred by limitation.

(emphasis supplied by us)

4. This revision has been filed under Section 21(b) of the Act 1986 against the said Order dated 30.11.2017 of the State Commission, which reads as below:

…to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

5. We find that the impugned Order dated 30.11.2017 of the State Commission is well-appraised and well-reasoned. We do not find any jurisdictional error or legal principle ignored or material irregularity therein.

6. We specifically note that the State Commission in dismissing the appeal did not find just or sufficient cause for condonation of delay in filing the appeal ('_ _ _ The ground shown in the petition for condonation of delay being not tenable the same is rejected _ _ _' and '_ _ _ the Appeal also stands dismissed being hopelessly barred by limitation _ _ _'). We also note that the State Commission, for reasons stated, observed that ' _ _ _ It is absolutely clear, therefore, that the Appellants have not approached this Commission with clean hands. This is highly deplorable _ _ _'.

7. We find no reason to exercise this Commission’s

Please Login To View The Full Judgment!

revisional jurisdiction to interfere with the impugned Order of the State Commission. 8. We may observe that a bare reading of the State Commission ‘s Order shows that the revisionists – Packers & Movers have shown complete disregard to law, and may, perhaps, (now) realise that, at times, ‘dura lex, sed lex’, ‘the law is harsh, but it is the law’. 9. The revision petition is dismissed.
O R