Circuit Bench Nagpur

StateCommission

A/18/245

TATA MOTORS LIMITED - Complainant(s)

Versus

DEEPAK GAJANAN TAYADE, DEAD - Opp.Party(s)

ADV.SAGAR ASHIRGADE

24 Mar 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/18/245
( Date of Filing : 14 Jun 2018 )
(Arisen out of Order Dated 23/09/2015 in Case No. CC/427/2010 of District Nagpur)
 
1. TATA MOTORS LIMITED
THROUGH ITS AUTHORIZED SIGNATORY HAVING ITS REGISTERED OFFICE AT BOMBAY HOUSE 24, HOMI MODY STREET, FORT, MUMBAI
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. DEEPAK GAJANAN TAYADE, DEAD
THROUGH ITS LEGAL HEIR 1/1. SMT. MANJU DEEPAK TAYADE.,W/O. LATE SHRI. DEEPAK GAJANAN TAYADE, R/O. WAGHOLI TAH. DEOLI DIST. WARDHA
WARDHA
MAHARASHTRA
2. JAIKA MOTORS
THROUGH ITS AUTHORIZED OFFICER O/O WANJARI PILI RIVER, KAMPTHI ROAD, NAGPUR-440 026
NAGPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDING MEMBER
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
None.
......for the Appellant
 
Advocate Mr.Bhushan Dafale for respondent No.1
......for the Respondent
Dated : 24 Mar 2022
Final Order / Judgement

Per Hon’ble DR. S.K. Kakade, Presiding Member. 

Appellant and advocate are absent. Advocate Mr.Bhushan Dafle is present for respondent No.1. None present for respondent No.2. As per the submissions of learned advocate for respondent No.1, respondent No.1 as original complainant has already filed reply to delay condonation application filed by the appellant. There is delay of 951. days in filing of this appeal and alongwith this the appellant has filed delay condonation application. On perusal of record appellant is consistently absent for almost four times from 27/01/2021. Today also the appellant and advocate are absent. Hence heard on the point of delay condonation application and submissions made by learned advocate for respondent No.1. As per the submissions and reply given by respondent No.1 on delay condonation application, appellant was duly represented before the District Consumer Commission Nagpur. During the hearing of the consumer complaint, order which  was passed on 23/09/2015 in Consumer Complaint No.427/2010, the respondent No.1 who is the original complainant has opposed the delay condonation application filed by the appellant. In view of the submissions made by the learned advocate for respondent No.1 and perusal of record, Commission is of the opinion that the delay of 951 days can not be condoned as there is no sufficient reason cited by the appellant in the delay condonation application and hence the delay condonation application filed by the appellant is hereby rejected. Consequently the appeal does not survive for consideration and hence disposed of.

 
 
[HON'BLE MR. DR. S.K. KAKADE]
PRESIDING MEMBER
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

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