Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to an order dated 23/02/2007 passed in consumer complaint No.188/2006, Mr.Shivaji Thakaji Kadam V/s. Shri D.N. Rane, Asstt. Engineer, M.S.E.D.Co. Ltd., by District Consumer Disputes Redressal Forum, Nashik (‘the Forum’ in short). This appeal filed by org. complainant taking an exception to imposing costs of `500/- on him for maliciously filing the complaint. 2. Appellant is remaining absent in spite of notice published on the Notice Board of this Commission, the Bar and on Internet as well as separate intimation sent by way of abundant precaution by post on 21/01/2012. Respondents are present through their representative Mr.D.S. Khairnar, Assistant Engineer of M.S.E.D.Co. Ltd. This being an old appeal lying for admission, is taken for consideration. 3. The appeal is preferred against the Assistant Engineer, M.S.E.D.Co. Ltd., Lasalgaon, Sub-Division, Lasalgaon, District Nashik. However, as per the impugned order, org. complaint was filed against Mr.D.N. Rane, Assistant Engineer at Lasalgaon. He was not a party in the appeal. Therefore, for this reason alone, this appeal cannot be entertained. 4. Besides this, apparently, the consumer complaint is filed against the wrong party. However, the Forum proceeded further to give some relief directing adjustment and issue of correct bills. However, it imposed `500/- as costs on the appellant/complainant after observing that in a case of theft, consumer complaint would not lie and the complainant deliberately filed a false consumer complaint. Such finding is erroneous, but in the given circumstances since the consumer complaint is filed against Mr.D.N. Rane, the then Assistant Engineer, M.S.E.D.Co.Ltd., which obviously would not lie, imposing of costs of `500/- cannot be faulted with. Therefore, finding the appeal devoid of any substance, we pass the following order :- -: ORDER :- 1. Appeal is not admitted and stands rejected. 2. No order as to costs. 3. Copies of the order be furnished to the parties. Pronounced Dated 6th February 2012. |
