NCDRC

NCDRC

RP/2574/2011

MUNICIPAL CORPORATION - Complainant(s)

Versus

AVTAR SINGH - Opp.Party(s)

MR. SHANKAR CHILLARGE

27 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2574 OF 2011
 
(Against the Order dated 18/03/2011 in Appeal No. 2715/2006 of the State Commission Maharastra)
1. MUNICIPAL CORPORATION
Through it Assitant Director, Town Planning
Aurangabad
Maharastra
...........Petitioner(s)
Versus 
1. AVTAR SINGH
R/o Osmanpura
Aurangabad
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Shankar Chillarge, Advocate with
Mr. Rayjith Mark, Advocate
For the Respondent :
Ms. Deepika Madan, Advocate with
Mr. Rahul Tandon, Advocate

Dated : 27 Sep 2011
ORDER

          Directions contained in the previous order have been complied with.

          This revision petition arises out of an order dated 18.03.2011 passed by Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (in short, ‘the State Commission’) in appeal No. 2715 of 2006.  By the said order, the State Commission has dismissed the appeal of the appellant-petitioner in default as the appellant remained unrepresented before the State Commission on the date of hearing of the appeal and passing of the order.

          Learned counsel for the petitioner-Corporation submits that the petitioner has a good case to challenge the order of the District Consumer Forum by which the direction was given to provide an approach road and essential commodities to the complainant within a period of three months.  It is pointed out that the District Consumer Forum had committed grave error on facts and circumstances of the case in passing such order.  Since the appeal was not heard and decided on merits and that the learned counsel representing the complainant-respondent has no objection to the petition being partly allowed and the appeal being remanded back to the Board of the State Commission for deciding the same on merits, we partly allow the present revision petition and direct the State Commission to decide the appeal on merits.  This is subject to further cost of Rs.10,000/-.  The parties are directed to appear before the State Commission on 3.11.2011 for receiving further directions in the matter.

          Dasti to learned counsel for the petitioner.

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.