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2026 Supreme(Online)(NCDRC) 120

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DR. BIMAL CHHAJER – Appellant
Versus
SMT.YASHODA KHARE – Respondent
NC/RP/24/2026



Petitioner Advocates:SHUBHAM KOTHARI ,Respondent Advocate:

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. NC/RP/24/2026 (Against the Order dated 22nd August 2024 in Appeal SC/23/A/16/1882 of the State Consumer Disputes Redressal Commission Madhya pradesh)

WITH NC/IA/182/2026 (EXEMPTION FOR FILING OFFICIAL TRANSLATION)

NC/IA/180/2026 (FOR GRANT OF STAY)

NC/IA/181/2026 (EXCEMPTION OF FILE TYPED COPIES OF DOCUMENTS)

NC/IA/179/2026 (CONDONATION OF DELAY)

DR. BIMAL CHHAJER BUSINESS ADDRESS - A-61, MIG COLONY BEHIND CARE CHL HOSPITALLIG SQURE , INDORE,MADHYA PRADESH.

SAAOL HEART CENTRE PRESENT ADDRESS - A-61, MIG COLONY, BEHIND CARE CHL HOSPITALLIG SQUARE , INDORE,MADHYA PRADESH.

.......Petitioner(s)

Versus SMT.YASHODA KHARE PRESENT ADDRESS - 421, MANAVTA NAGAR, KANADIYA ROAD, INDORE.

INDORE,MADHYA PRADESH.

DEEPAK PRESENT ADDRESS - 421, MANAVTA NAGAR, KANADIYA ROAD, INDORE.

INDORE,MADHYA PRADESH.

PRADEEP PRESENT ADDRESS - 421, MANAVTA NAGAR, KANADIYA ROAD, INDORE.

INDORE,MADHYA PRADESH.

VIKRAM PRESENT ADDRESS - 421, MANAVTA NAGAR, KANADIYA ROAD, INDORE.

INDORE,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SAROJ YADAV , PRESIDING MEMBER FOR THE PETITIONER:

FOR THE PETITIONERS MR. NAVNEET DUGAR, ADVOCATE MR. SHUBHAM KOTHARI, ADVOCATE DATED: 27/01/2026

ORDER

1. The present revision petition has been filed under Section 58(1) (b) of the Consumer Protection Act, 2019 by the petitioners/opposite parties being aggrieved of the order dated 22.08.2024, passed by the learned Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (for short the ‘State Commission’) in First Appeal No. 1882 of 2016, arising out of the order dated 17.10.2016 passed by the learned District Consumer Disputes Redressal Forum, Indore, Madhya Pradesh (for short the ‘District Forum’) in Consumer Complaint No. 419 of 2014.

2. Heard the learned counsel for the petitioners on the delay condonation application being IA/179/2026.

3. The learned counsel for the petitioners submitted that the delay was caused for the reason that the petitioners were not aware of the dismissal order dated 22.08.2024, passed by the learned State Commission, whereby the appeal was dismissed for want of prosecution. The petitioners came to know about the dismissal order in the month of November, 2025, when through the newspaper it came to the knowledge of the petitioners that the execution petition is pending before the concerned Commission. On further enquiry, it came to the notice of the petitioners that the appeal filed by them was already dismissed for want of prosecution. Knowing it, petitioners enquired from their counsel. Thereafter, the petitioners contacted the counsel at Delhi, who suggested for filing of the present revision petition. After that, the petitioners applied for certified copies through a local Advocate at Bhopal. Certified copies were ready and collected on 12.11.2025. The same were sent to the petitioners at Delhi and petitioners received those copies on 17.11.2025. After receiving the copies, the same were forwarded to the counsel. The counsel got them translated in English, prepared the petition and filed the same. Hence, the delay may be condoned.

4. The learned counsel for the petitioners relied on the Judgment passed by the Hon’ble Supreme Court in Civil Appeal No.(s) 6853 of 2023 Vinod Bala Chaudhary Vs.

M/s. Ramprastha Sare Reality Pvt. Ltd., decided on 08.04.2025.

5. Considered the submissions made, reasons given in the delay condonation application and perused the record.

6. The order sheets recorded by the concerned State Commission have been filed. It is apparent from these order sheets that the learned counsel for the petitioners / appellants remained absent for many dates. Therefore, finally on 22.08.2024, the order was passed, dismissing the appeal.

7. The Registry has reported that the copy of the impugned order was received by the petitioners on 30.08.2024, while it has been denied by the petitioners. The petitioners have stated that they received the certified copy on 02.12

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