Maharashtra

Pune

EA/15/25

हणमंत संभाजी इथापे, - Complainant(s)

Versus

श्री एंटरप्रायजेस, - Opp.Party(s)

02 Nov 2016

ORDER

PUNE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
PUNE
Shri V. P. Utpat, PRESIDENT
Shri Onkar G. Patil, MEMBER
Smt. K. B. Kulkarni, MEMBER
 
Execution Application No. EA/15/25
In
Complaint Case No. CC/14/26
 
1. हणमंत संभाजी इथापे,
३४५, ढेरे बखळ, पाषाण, पुणे-४११ ०२१.
...........Appellant(s)
Versus
1. श्री एंटरप्रायजेस,
दुकान नं.५, मॉंट-व्हkर्ट आर्केड, पाषाण-सुस रोड, आय.सी.आय.सी.आय.आय.बॅंक ए.टी.एम.जवळ, पुणे-४११ ०२१.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. V. P. UTPAT PRESIDENT
 HON'BLE MR. Onkar G. Patil MEMBER
 
For the Appellant:
For the Respondent:
Dated : 02 Nov 2016
Final Order / Judgement

ORAL ORDER

Per – Hon’ble Mr. V. P. Utpat, President

          This is an execution proceeding under Section-27 of the Consumer Protection Act, 1986 arising out of original Consumer Complaint No.26 of 2014 decided on 10/12/2015.  By the order put for execution in present proceedings, the Accused/Opposite Party was directed to get repaired the mobile handset of the Complainant/Executant within a period of six weeks.  Accused/Opposite Party was further directed to pay to the Complainant/Executant an amount of Rs.1,000/- towards costs of complaint proceedings.

[2]     Today, this complaint was called for hearing twice.  On the first call and even on the second call, the Complainant failed to appear before this Forum in person, without any sufficient reason.  Perusal of the record reveals that so was the position even on previous two adjourned dates viz. 31/08/2016 and 15/06/2016.  Thus, it does appear that the Complainant/Executant is no longer interested in further prosecution of present criminal proceedings.  Further, endorsement made by the Registry reveals that amount of Rs.1,000/- deposited by the Accused/Opposite Party towards satisfaction of dues of the Complainant/Executant in compliance of the order put for execution has been electronically transferred to the savings bank account of the Complainant.  That may be one of the reasons as to why the Complainant is not diligent in attending this Forum for further prosecution of present execution proceedings.  In such peculiar circumstances, it is not desirable to prolong present execution proceedings.  Hence, present execution proceedings stands dismissed for want of prosecution.  No order as to costs.

Pronounced on 02nd November, 2016

 
 
[HON'BLE MR. V. P. UTPAT]
PRESIDENT
 
[HON'BLE MR. Onkar G. Patil]
MEMBER

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