Circuit Bench Nagpur

StateCommission

A/502/2009

ANANDRAO DONGRE - Complainant(s)

Versus

ANIL T COMP. - Opp.Party(s)

IN PERSON

06 Apr 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. A/502/2009
(Arisen out of Order Dated 21/02/2006 in Case No. CC/05/360 of District )
 
1. ANANDRAO DONGRE
NAGPUR
...........Appellant(s)
Versus
1. ANIL T COMP.
NAGPUR
...........Respondent(s)
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
 
PRESENT:IN PERSON, Advocate for the Appellant 1
 
Mr.Tidke
......for the Respondent
ORDER
Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
 
This is an appeal filed by appellant/org.complainant against the order of dismissal of complaint by the District Consumer Disputes Redressal Forum, Nagpur in Consumer complaint No.360/2005 order dated 21/02/2006.
 
Complainant alleges that he was not given the prize nor the price of diamond set which was won by appellant in grand lucky draw advertised by Anil Tea Company, Nagpur. He was given two lucky draw coupons. He was given invitation card for distribution of prizes. As per the invitation on 21/11/2004 appellant was present at the place but the prize of diamond set was not given to the appellant. Therefore appellant had filed consumer complaint -claiming the Australian Diamond set or its cost alongwith compensation of Rs.25,000/- for mental and physical harassment and claimed cost of proceedings. The complaint was dismissed. Hence he filed this appeal.
 
 We heard the appellant as well as representative of respondent Mr. Tidke. From the order of District Consumer Forum, in para-3, appellant appears to have admitted at the time of argument though he had been given diamond set by the opponent but it was not Australian. Further appellant has submitted the broken diamond set at the time of filing complaint in the office of the District Forum. But at the time of argument complainant shown the diamond set in good condition. District Consumer Forum had took into account all these facts and held that complaint was frivolous. Hence it was pleased to dismiss the complaint.
 
We do not find any reason to interfere in the same. Appeal filed by the appellant is without any merit. There is no substance in appeal. We pass the following order
 
                                                ORDER
  1. Appeal is dismissed.
  2.  No order as to costs.
  3. Copies of the order be furnished to the parties.
 
Prounced in open court

      Dated 6th April 2011               

 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER

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