Maharashtra

StateCommission

FA/12/978

SURESH KISAN NEHARKAR - Complainant(s)

Versus

ICICI LOMBARD GENERAL INSURANCE CO LTD - Opp.Party(s)

ABHAY KUMAR JADHAV

21 Nov 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. FA/12/975
(Arisen out of Order Dated 31/05/2012 in Case No. 313/2010 of District DCF, South Mumbai)
 
1. SMT MAINAVATI VILAS TAWRE
SANGVI TAL BARAMATI
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. ICICI LOMBARD GENERAL INSURANCE CO LTD
ZENITH HOUSE KESHAVRAO KHADE MARG MAHALAXMI MUMBAI NOW SHIFTED AT DELTA PLAZA OLD TATA PRESS BUILDING VEER SAVARKAR MARG PRABHADEVI DADAR WEST MUMBAI
MUMBAI
MAHARASHTRA
...........Respondent(s)
First Appeal No. FA/12/976
(Arisen out of Order Dated 31/05/2012 in Case No. 314/2010 of District DCF, South Mumbai)
 
1. SANDIP MARUTI BHALERAO
KALAMB TAL AMBEGAON
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. ICICI LOMBARD GENERAL INSURANCE CO LTD
ZENITH HOUSE KESHAVRAO KHADE MARG MAHALAXMI MUMBAI NOW SHIFTED AT DELTA PLAZA OLD TATA PRESS BUILDING VEER SAVARKAR MARG PRABHADEVI DADAR WEST MUMBAI
MUMBAI
MAHARASHTRA
...........Respondent(s)
First Appeal No. FA/12/977
(Arisen out of Order Dated 31/05/2012 in Case No. 315/2010 of District DCF, South Mumbai)
 
1. SMT ROHINI GAURIHAR MITHARI
BURLI TAL PALUS
SANGLI
MAHARASHTRA
...........Appellant(s)
Versus
1. ICICI LOMBARD GENERAL INSURANCE CO LTD
ZENITH HOUSE KESHAVRAO KHADE MARG MAHALAXMI MUMBAI NOW SHIFTED AT DELTA PLAZA OLD TATA PRESS BUILDING VEER SAVARKAR MARG PRABHADEVI DADAR WEST MUMBAI
MUMBAI
MAHARASHTRA
...........Respondent(s)
First Appeal No. FA/12/978
(Arisen out of Order Dated 31/05/2012 in Case No. 316/2011 of District DCF, South Mumbai)
 
1. SURESH KISAN NEHARKAR
NARAYANGAON TAL JUNNAR
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. ICICI LOMBARD GENERAL INSURANCE CO LTD
ZENITH HOUSE KESHAVRAO KHADE MARG MAHALAXMI MUMBAI NOW SHIFTED AT DELTA PLAZA OLD TATA PRESS BUILDING VEER SAVARKAR MARG PRABHADEVI DADAR WEST MUMBAI
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE R.C.Chavan PRESIDENT
 HON'ABLE MR. Dhanraj Khamatkar Member
 
PRESENT:
Mr.A.M.Jadhav-Advocate
......for the Appellant
 
Mr.Rahul Mehta-Advocate
......for the Respondent
ORDER

Per Hon’ble Mr.Justice R.C.Chavan, President

          These appeals are directed against the orders dated 31/05/2012 passed by the District Consumer Disputes Redressal Forum, South Mumbai refusing to condone the delay and entertain the complaints. These complaints came to be filed after withdrawing the complaints which had been earlier filed in the Additional District Forum for Thane at Belapur. Additional District Forum at Thane did not have jurisdiction and, therefore, complainants themselves applied for withdrawal of complaints with a liberty to file them before the appropriate forum having jurisdiction.  This was allowed and the complainants were allowed to withdraw the complaints subject to payment of costs quantified at `500/- payable to the respondents.  Orders specify that the complainants would be entitled to file the complaints in forum having jurisdiction only after payment of costs of `500/- to the opponents.  However, instead of paying the costs, complainants have filed the complaints on 30/11/2010 i.e. within 45 days of withdrawal of complaints.  Costs were however tendered during the pendency of the complaints on 21/11/2011.  Thus, there was a clear breach of the orders whereby complaints were allowed to be withdrawn with a liberty to file fresh complaints in the competent forum.  We find no error in the order passed by the District Forum and, therefore, dismiss the appeals.

 

Pronounced on 21st November, 2013.

 

 
 
[HON'ABLE MR. JUSTICE R.C.Chavan]
PRESIDENT
 
[HON'ABLE MR. Dhanraj Khamatkar]
Member

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