Maharashtra

Thane

RA/6/2023

RASHMI REALTY BUILDERS PRIVATE LIMITED - Complainant(s)

Versus

AASHISH VIJAYKUMAR MIDDA & ANR - Opp.Party(s)

JHA LEGAL ASSOCIATES

05 Jan 2024

ORDER

ठाणे जिल्हा ग्राहक तक्रार निवारण आयोग
रुम नं.214, दुसरा मजला, जिल्हाधिकारी कार्यालय इमारत, ठाणे-400 601
 
Review Application No. RA/6/2023
( Date of Filing : 05 Jul 2023 )
In
Complaint Case No. CC/288/2018
 
1. RASHMI REALTY BUILDERS PRIVATE LIMITED
B 215, SHANTI SHOPPING CENTER, NEAR RAILWAY STATION, MIRA ROAD E, DIST. THANE
THANE
MAHARASHTRA
...........Appellant(s)
Versus
1. AASHISH VIJAYKUMAR MIDDA & ANR
DHANLAXMI CHSL FLAT NO A/102 MOHILI VILLAGE ANDHERI GHATKOPAR LINK ROAD SAKINAKA ANDHERI EAST MUMBAI
MUMBAI SUBURBAN
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. DR. RICHA SHARMA PRESIDENT
 HON'BLE MR. B. B. RASAL MEMBER
 HON'BLE MR. H. M. BADGUJAR MEMBER
 
PRESENT:
 
Dated : 05 Jan 2024
Final Order / Judgement

//ORDER//

Per : Hon’ble Member, Shri. H.M. BADGUJAR

(I)      Applicant  filed this application u/sec. 40 of Consumer Protection Act, 2019.  Application has been deem admitted on 08/09/2023 and the Applicant  and  their Counsel absent on 08/09/2023.  Today case is listed for filing notice report and today the Applicant  and  their Counsel absent after repeated calling.  After perusal of application it is revealed that the Applicant wants to make alteration or correction in Final Judgment, which is passed by our Predecessor Bench.  Application filed by the Applicant  itself is not tenable as per law and provision u/sec. 40 of Consumer Protection Act, 2019.  After considering all the above facts, the Applicant  filed this Revision Application only want to delay the execution of Final Judgment, which is pronounced and passed on merit.  Hence, we are come to the conclusion that the Applicant  fails to take any steps regarding service of notice and the Applicant  has no right to proceed this Revision Application.  Hence we pass the following order :-

                                                //ORDER//

          [1]  Revision Application is hereby dismissed in default.

          [2]  No order as to costs.

[3]  The Member sets (if any) shall be returned to the Applicant  within

       a period of (30) days from the date of receipt of this order.

         

 
 
[HON'BLE MS. DR. RICHA SHARMA]
PRESIDENT
 
 
[HON'BLE MR. B. B. RASAL]
MEMBER
 
 
[HON'BLE MR. H. M. BADGUJAR]
MEMBER
 

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