Circuit Bench Nagpur

StateCommission

TA/20/5

AMAR ASHA CO OPERATIVE HOUSING SOCIETY LTD. NAGPUR - Complainant(s)

Versus

OMPRAKASH S.O. NANDRAM VARMA - Opp.Party(s)

ANANT K. NEWARE

11 Feb 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA NAGPUR CIRCUIT BENCH NAGPUR

Transfer Application No. TA/20/5 ( Date of Filing : 16 Jan 2020 ) (Arisen out of Order Case No. CC/176/2018 of District Nagpur)   1. AMAR ASHA CO OPERATIVE HOUSING SOCIETY LTD. NAGPUR THROUGH ITS PRESIDENT SMT. CHAYA HARIHAR BHIVGADE.AT MADHUR MILAN , PLOT NO.7, NEAR CHOTA TAJBAG, RAGHUJI NAGAR, NAGPUR 24. NAGPUR MAHARASHTRA ...........Appellant(s) Versus 1. OMPRAKASH S.O. NANDRAM VARMA H.O. HOUSE NO. 05, SONI SADAN, ASHOK VIHAR AZADNAGAR , HISAR. ...........Respondent(s)

BEFORE:     HON'BLE MR. A. Z. KHWAJA PRESIDING MEMBER   HON'BLE MR. A.K. ZADE MEMBER

PRESENT:

Dated : 11 Feb 2021

Final Order / Judgement Per Shri A.Z.Khwaja, Hon’ble Presiding Member. The applicants in all the aforesaid applications have filed the present application for transfer of cases from the file of learned Additional District Consumer Dispute Redressal Commission Nagpur to the learned District Consumer Dispute Redressal Commission Nagpur. Applicants in all the aforesaid cases have taken a plea that the non applicants had filed complaints claiming possession of their respective plots from the present applicants and in all 100 complaints came to be filed. Applicants have contended that due to the pendency of the aforesaid complaints the Principal bench of the Maharashtra State Consumer Commission transferred 11 complaints to the file of Additional District Consumer Dispute Redressal Commission Nagpur. As per the case of the applicants contradictory findings were being given by the learned District Consumer Dispute Redressal Commission Nagpur and Additional District Consumer Dispute Redressal Commission Nagpur and so it is necessary to transfer Complaint case No.TA/20/1 to TA/20/11 from the file of learned Additional District Consumer Dispute Redressal Commission Nagpur to the learned District Consumer Dispute Redressal Commission Nagpur. In short the applicants have prayed for transfer of 11 Consumer Complaint from the file of Additional District Consumer Dispute Redressal Commission Nagpur to the file of learned  District Consumer Dispute Redressal Commission Nagpur where other complaints are pending. We have heard Shri A.K.Neware, learned advocate for the applicants in all the matters and also gone through the transfer application filed under the provisions of Consumer Protection Act 2019. No doubt it is clear that some 11 consumer Complaints against the present applicants are pending on the file of learned Additional District Consumer Dispute Redressal Commission Nagpur and remaining are pending on the file of District Consumer Dispute Redressal Commission Nagpur. We have also gone through Section 48 of the Consumer Protection Act 2019 and we find that the present applicant has preferred the transfer application before the State Commission Circuit Bench which is functioning at Nagpur where as the administrative power regarding the transfer of Complaints rest with the President of the Maharashtra State Consumer Commission and the Principal Bench. We therefore can not exercise the power of transfer as provided under Section 48 of the Consumer Protection Act 2019. Accordingly the present applications are hereby returned to the applicants for proper presentation before the Principal Bench, Maharashtra State Consumer Commission.

[HON'BLE MR. A. Z. KHWAJA] PRESIDING MEMBER     [HON'BLE MR. A.K. ZADE] MEMBER