Circuit Bench Nagpur

StateCommission

A/17/496

VODAFONE MOBILE SEVICES LIMITED - Complainant(s)

Versus

SHRI. NITESH S/O PRAKASH HEMNANI - Opp.Party(s)

ADV. PRAVIN DAHAT

30 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/17/496
( Date of Filing : 08 Dec 2017 )
(Arisen out of Order Dated 02/02/2016 in Case No. CC/2015/03 of District Akola)
 
1. VODAFONE MOBILE SEVICES LIMITED
EARLIER KNOWN AS VODAFONE CELLULAR LIMITED, THE METROPOLITAN, PF NO.21, OLD MUMBAI PUNE HIGHWAY, WAKDEWADI, SHIVAJINAGAR, PUNE-411 005
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI. NITESH S/O PRAKASH HEMNANI
R/O. KACCHI KHOLI, SINDHI CAMP, AKOLA DIST. AKOLA
AKOLA
MAHARASHTRA
2. IDEA CELLULAR LIMITED
SUMAN TOWERS PLOT NO. 18, SECTOR 11, GANDHI NAGAR, 382011 BRANCH RASTRIYA MAHAMARG NO. 6, RAMLALA BUSINESS CENTRE, AKOLA
AKOLA
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MRS. Jayshree Yengal MEMBER
 
For the Appellant:
For the Respondent:
Dated : 30 Jul 2018
Final Order / Judgement

Per Shri B.A.Shaikh, Hon’ble Presiding Member.

1.      None is present for the appellant, though appeal is called at the end of the board. Perusal of the record and proceeding of the appeal shows that the appeal was filed on 14/07/2016. The Registrar recorded five objections on 14/07/2016 which were to be removed by the appellant within 15 days. The appellants’ advocate noted those objections by putting signature on 21/01/2017. However, as those objections were not removed a separate notice dated 09/10/2017 was issued to the appellant to remove those objections. It was sent by Registered Post A.D. to the appellant on 13/10/2017. The track report of India Post web site is placed before us about service of that notice. It shows that notice has been delivered on the address given on the envelop.

2.      Moreover this Commission also displayed a separate notice dated 30/10/2017 upon notice board of this Commission calling upon the concerned parties to remove office objections within 15 days and further specifying there in that if the objections are not removed within 15 days, then the matter will be placed before the Circuit Bench for appropriate order. The above objections are not removed even after the said notice.

3.       Therefore keeping open the said objections, the appeal came to be registered on 08/12/2017. None appeared for the appellant on last four dates i.e. on 18/12/2017, 20/02/2018, 27/04/2018 and 20/07/2018. Last chance was also granted on 20/07/2018 for hearing before admission. We find that as none appeared for the appellant on last four dates and today also, the appeal deserves to be dismissed in default. Hence appeal is dismissed in default.

 

 

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MRS. Jayshree Yengal]
MEMBER

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