Circuit Bench Aurangabad

StateCommission

RP/2/2012

Vodafone Cellular Ltd.Formerly Known as Vodafone Essar Cellular Ltd. - Complainant(s)

Versus

Adv.Shri.Bipin Liladhar Bendale, - Opp.Party(s)

A.P.Avhad

23 Jul 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI.
CIRCUIT BENCH AT AURANGABAD.
 
Revision Petition No. RP/2/2012
(Arisen out of Order Dated 13/10/2011 in Case No. 29/2011 of District Jalgaon)
 
1. Vodafone Cellular Ltd.Formerly Known as Vodafone Essar Cellular Ltd.
Through it's authorized Signatory,Mohana Vijay Manjare,The Metropolitan F.P.No.27,Survey No.21,Wakadewadi,Old Pune-Mumbai Highway,Shivajinagar,Pune
...........Appellant(s)
Versus
1. Adv.Shri.Bipin Liladhar Bendale,
R/O.Kalptaru,Dhake Colony,Jalgaon
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER
 HON'ABLE MRS. UMA BORA MEMBER
 HON'ABLE MR. K.B.GAWALI MEMBER
 
PRESENT:
None
......for the Petitioner
 Adv.S.A.Pradhan, Advocate for the Respondent 0
ORDER

Date  : 23.07.2013

 

Per Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.

1.        None for revision petitioner is present, its counsel Shri.Avhad is also absent. Adv.Shri.S.A.Pradhan for respondent is present. He has already submitted written notes of argument on 28.6.2013.  Adv.Pradhan for respondent submitted that revision petition is being hopelessly barred by limitation is not maintainable.

2.      We have perused the record and find much force in the submission of Shri.Pradhan learned counsel  for respondent.  Because initially though the revision petitioner had filed the appeal it was not within limitation.  Even though no application for condonation of delay was filed.  Further as per order dated 3.3.2012 though the appeal is converted into revision, no steps are taken by revision petitioner to file application for condonation of delay.  When appeal is converted into revision petition vide order dated 03.3.2012 it will have to be considered that revision petition is filed on 3.3.2012. Therefore revision petition is not being filed or registered within the stipulated period of limitation, in the absence of application for condonation of delay same cannot be considered. On this ground also the revision petition deserves to be dismissed.  Anyhow since nobody for revision petitioner is present and revision petition is also barred by limitation it is dismissed.  No order as to cost.

 

 

 

 

Pronounced and dictated

in the open court on dt. 23.07.2013

 

 
 
[HON'ABLE MR. S.M.SHEMBOLE]
PRESIDING MEMBER
 
[HON'ABLE MRS. UMA BORA]
MEMBER
 
[HON'ABLE MR. K.B.GAWALI]
MEMBER

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