NCDRC

NCDRC

FA/685/2024

MR. KAIYOMERZ COWAS PALIA - Complainant(s)

Versus

MRS. LOVINA MEHROTRA - Opp.Party(s)

M/S. LEXLABS

11 Sep 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 685 OF 2024
(Against the Order dated 05/07/2024 in Complaint No. CC/19/629 of the State Commission Maharashtra)
1. MR. KAIYOMERZ COWAS PALIA
OUR TOWN, 10TH FLOOR, EVEREST BUILDING, TARDEO, MUMBAI- 400034, MAHARASHTRA
...........Appellant(s)
Versus 
1. MRS. LOVINA MEHROTRA
4TH FLOOR, VISHAMBHAR NIWAS, PLOT NO. 731, 11TH ROAD, KHAR (W), MUMBAI-400052, MAHARASHTRA
2. MR. VISHAMBAR MEHROTRA
4TH FLOOR, VISHAMBAR NIWAS, PLOT NO. 731, 11TH ROAD, KHAR WEST, MUMBAI-400052, MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),MEMBER

FOR THE APPELLANT :

Dated : 11 September 2024
ORDER

For the Appellant         (s)      :    Mr.---- Advocate (appearance not marked)

 

Dated : 11.09.2024

ORDER (ORAL)

          Heard learned Counsel for the Appellant.

          Essentially the matter is against non-consideration and disposal of Misc. Application against the admission of the Complaint No.629 of 2019 by the learned State Commission vide order dated 05.07.2024.

          We have heard the learned Counsel for the Appellant who states that the Complainant is not a consumer under law  and the order  of  the State Commission in admitting the Complaint is outrightly erroneous.  He

-2-

further states that without considering the MA filed by the Opposite Parties, the learned State Commission admitted the Complaint.

          On being queried whether the said MA is part of this Revision Petition to be even considered, the learned Counsel regrets the same and seeks to bring the same on record.

          Heard the learned Counsel in detail and perused the records.

Therefore, we find no merit in the arguments advanced.  Admittedly, the learned State Commission is yet to consider the MA filed by him and the Appellant is yet to exhaust the legal remedies available before the State Commission. 

Considering the facts and circumstances of the case, including non-filing of the MA in question, we find no merit in the present Appeal.  The First Appeal No.685 of 2024 is, therefore, dismissed with the directions to the learned State Commission to consider the said MA filed by the Opposite Party as per law.

          All pending applications, if any, are also disposed of accordingly.

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
...................................................................................
AVM J. RAJENDRA, AVSM VSM (Retd.)
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.