Circuit Bench Nagpur

StateCommission

A/07/631

Sudhakar s/o Bhaiyaji dhumal - Complainant(s)

Versus

1. M/s. Nirman Associates (Proprietory Firm), Builder & Developers, through Dnyaneshwar Borikar, - Opp.Party(s)

None

05 Sep 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/07/631
(Arisen out of Order Dated 11/04/2007 in Case No. cc/06/147 of District Nagpur)
 
1. Sudhakar s/o Bhaiyaji dhumal
R/o Near Bhoslaved Shala,Mahal, Nagpur.
...........Appellant(s)
Versus
1. 1. M/s. Nirman Associates (Proprietory Firm), Builder & Developers, through Dnyaneshwar Borikar,
R/o Ground Floor,Sudhakar Apartment, Ayachit Mandir Road, Mahal, Nagpur
2. 2. Manish s/o Ramesh Taori,
R/o 5/1 Vidarbha Housing Board Colony, Kachipura, Ramdaspeth, Nagpur
Nagpur
M.S.
3. 3.Madhavi Sharad Khirsagar,
R/o Gajanan Nagar, Drug ( C.G.)
Drug
M.S.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MR. S B SAWARKAR MEMBER
 
For the Appellant:
For the Respondent:
Dated : 05 Sep 2017
Final Order / Judgement

                                                                            (Delivered on 05/09/2017)

          None is present for appellant. Perusal of the record and proceeding of the appeal shows that  on last two dates i.e. on 13/06/2017 and 16/8/2017 also none had appeared for the appellant. Notices were given hamdast to the appellant’s advocate as back as on 20/03/2017 for sending the same to the respondent Nos. 1,2 and 3 by Registered Post A.D.. However appellant’s advocate failed to appear on last two dates and failed to make submission about service of notice to the respondent. No report is also received by this Commission through postal authority about service of said notice till this date. This Commission observed in an order on 16/8/2017 that the appellant shall take appropriate steps for service of notice to the respondent and shall produce copies of the entire record of the complaint on or before next date. Accordingly  last chance was granted till this date to the appellant for taking above steps . However it is found that no steps as above are taken by the appellant till this date. The appellants along with appeal simply filed certified copy of the impugned order and the two acknowledgments as obtained from the District Consumer Forum, Nagpur. Other copies of the record of the complaint filed before the District Consumer Forum, Nagpur are not produced as required for consideration in appeal at the time of hearing. Therefore, appeal deserves to be dismissed in default. Appeal be recalled at the end of the board for appropriate order.

Later on:

      The appeal is recalled at the end of the board. Presently also none appeared for the appellant. Thus, for the above reasons, the appeal is dismissed in default. 

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MR. S B SAWARKAR]
MEMBER

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