At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. DINESH SINGH
By, PRESIDING MEMBER
For the Appellants: Nikhil Jain, Advocate. For the Respondent: Mohan Singh, Advocate.
Taken up through video conferencing.M.A. No. 244 of 2020This is an application for recalling the Order dated 02.03.2020.The said Order dated 02.03.2020 reads as below:Dated : 02-03-2020ORDERNone present for the complainants.Learned counsel for the opposite party submits, on instructions, that the matter has been settled with the complainants.No comments of this Commission on the contents and ingredients of the settlement said to have been arrived at.The consumer complaint no. 798 of 2018 is dismissed in default in the absence of the complainants.The complainants, if they so wish, are granted liberty to revive their complaint by filing appropriate application within 30 days from today.Let a copy each of this Order be sent to the complainants and to the learned counsel for the complainants by the Registry within three days.……………Sd/-……….……(DINESH SINGH)PRESIDING MEMBERLater on, Mr. Nikhil Jain, Advocate, learned counsel for the complainants, appeared and was apprised of the Order.……………Sd/-……….……(DINESH SINGH)PRESIDING MEMBERLearned counsel for the complainants submits that the matter has not been settled and that an erroneous submission to that effect was made on instructions by learned counsel for the opposite party on 02.03.2020.It is noted that unconditional unfettered liberty to revive the complaint by filing appropriate application within 30 days was granted to the complainants vide the Order dated 02.03.2020.Noting that learned counsel for the complainants had later on appeared on 02.03.2020, noting the prevalent COVID-19 situation, and noting the submission of learned counsel for the complainants that the matter had in fact not been settled and that an erroneous submission was made on instructions, the delay beyond 30 days in filing the application is condoned, the miscellaneous application (M.A. No. 244 of 2020) is allowed, the Order dated 02.03.2020 dismissing the complaint in default is recalled, and the complaint is restored to its original number.The chief executive of the opposite party builder company or a responsible functionary specifically authorised by him for this purpose is directed to be present through vi
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deo conferencing with its learned counsel on the next date of hearing to explain the circumstances under which a submission was made, on instructions, on 02.03.2020, that the matter had been settled with the complainants.List on 23.03.2021.