Circuit Bench Nagpur

StateCommission

A/17/477

M/S. SHEELA DEVELOPERS - Complainant(s)

Versus

SMT. MADHU WD/O RAJKUMAR SADHWANI - Opp.Party(s)

ADV.S.K.KUNGWANI

08 Feb 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/17/477
(Arisen out of Order Dated 23/12/2015 in Case No. CC/115/2014 of District Nagpur)
 
1. M/S. SHEELA DEVELOPERS
THROUGH ITS PARTNER, RAMCHANDRA KARAMCHAND KUNGWANI., R/O. PLOT NO. 115, OPP. POWER GRID OFFICE RING ROAD, JARIPATKA, NAGPUR
NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. SMT. MADHU WD/O RAJKUMAR SADHWANI
R/O. PLOT NO. 204, VIDHARBHA PALACE, BEHIND RAJPUT RESTAURANT, DR. AMBEDKAR ROAD, INDORA CHOWK, NAGPUR
NAGPUR
MAHARASHTRA
2. SMT. KOMAL WD/O PRABHAT YADAV
R/O. PLOT NO. 204, VIDHARBHA PALACE, BEHIND RAJPUT RESTAURANT, DR. AMBEDKAR ROAD, INDORA CHOWK, NAGPUR
NAGPUR
MAHARASHTRA
3. SMT. ASHOK S/O RAJKUMAR SADHWANI
R/O. PLOT NO. 204, VIDHARBHA PALACE, BEHIND RAJPUT RESTAURANT, DR. AMBEDKAR ROAD, INDORA CHOWK, NAGPUR
NAGPUR
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 : 08 Feb 2018
Final Order / Judgement

           

(Delivered on 08/02/2018)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

None for the appellant is present. Perusal of the record & proceedings of  appeal  shows that  the appeal was filed  as back as on 02/09/2016. The Registrar  recorded  in all  six objections  on 02/09/2016 and  he had called upon the appellant to remove  office objections  within  15 days  and he  also made it clear  on the objection sheet  that in case of default  to remove office objections  the appeal  will be placed before Circuit Bench for appropriate order. The said  objections are not  removed by the appellant and therefore, this Commission issued  notice dated 16/09/2017 to the appellant  on its same address given in the appeal memo by Registered Post A.D. The said notice  has been duly  served  to the appellant as seen from the acknowledgment  received duly signed by the appellant.  Moreover, this commission separately displayed the notice on 30/10/2017 on Notice Board of this Commission calling upon the concerned  parties  for removing office objections and  it was made it clear   that  in case of default  in removing  the office objections  within 15 days, the appeal will be placed before the  bench for appropriate order.

            The Registrar  submitted  report on 28/11/2017 that  the office objections are not still removed  by the appellant.  Therefore,  the appeal  was placed  before bench on 13/12/2017 for appropriate  order. This Commission  observed in the  order dated 13/12/2017 that  as office objections are not removed by the appellant  the appeal deserves to be dismissed for want of  prosecution. The appeal came to be adjourned  till this date for appropriate order.   We find that  neither the appellant  removed  the office objections  nor the appellant  appeared before this Commission  despite  issuance  of notice as above. Hence, the appeal  deserves to be dismissed  in default.  Accordingly, the appeal  is dismissed in default.   

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

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