This is a discussion on Smita Builders And Developers, within the Judgments forums, part of the General Discussions category; CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI REVISION PETITION NO.92/2009 Date of Filing: - 21/07/2009 @ MISC. APPL. NO.1142 OF ...
CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA STATE, MUMBAI
REVISION PETITION NO.92/2009 Date of Filing: - 21/07/2009
@ MISC. APPL. NO.1142 OF 2009 (Delay) Date of Order: - 23/07/2009
@ MISC. APPL. NO.1143 OF 2009 (Stay)
IN D.A.NO.103/2003 (C.C.NO.494 OF 2001)
ADDITIONAL DISTRICT CONSUMER FORUM : THANE
Mr..Ramdas Gorakh Dhavare,
Proprietor M/s.Smita Builders And Developers,
Plot No.215, G.E.S.Sarsole, Sector No.6,
Phase No.III, Nerul,
Navi Mumbai 400 706, Thane. ... Applicant/Org. Opponent.
Mr.Govind Gurunmath Khot,
Resident of Old Police Line,
2/69, Hansraj Lane, Byculla,
Mumbai 400 027. ... Respondent/Org.Complainant.
Corum : Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Mrs. S.P. Lale, Hon’ble Member
Present: Mr.M.S.Prasad, Advocate for Revision Petitioner.
- : ORAL ORDER :-
Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
This Revision Petition is filed against alleged order dated 05/03/2009 whereby, in an execution proceedings for his non compliance of the award, the Revisionist was arrested in execution of the warrant issued for his appearance. under section 27 of the Consumer Protection Act (hereinafter referred as the Act for brevity). He was released considering part of payment of Rs.50,000/- made to the decree holder. The revisionist was directed to remain present before Forum below on 15/04/2009. We find no revision would lie against the order/direction for appearance in question. Further, the impugned order cannot be faulted with any illegality. Revisionist already got a relief after he was arrested. His appearance was required to be secured by coercive means when he preferred to remain absent.
The revision is also time barred. No valid reason to condone delay is mentioned in an application bearing M.A.No.1142/2009, for condonation of delay.
Under the circumstances we find the revision petition being devoid of any substance and time barred and pass the following order :
: O R D E R :
1) Misc.Application No.1142/2009 stands dismissed.
2) Revision Petition stands dismissed.
3) Misc.Application 1143/2009 stands disposed off as infructuous.
4) Copies of the order be furnished to the parties.
(Mrs. S.P. Lale) (S. R. Khanzode)
Member Presiding Judicial Member