Maharashtra

StateCommission

A/04/29

ALKA A ADIVAREKAR - Complainant(s)

Versus

KANAKIA PROPERTIES PVT. LTD. - Opp.Party(s)

-

02 Aug 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/04/29
(Arisen out of Order Dated 13/12/2001 in Case No. 503/2001 of District Thane)
 
1. ALKA A ADIVAREKAR
46-E, ROOM NO.33, RAJU MANAJI'S CHAWL, TAKARAM JAJVI, GRANT ROAD, BOMBAY -400 067.
...........Appellant(s)
Versus
1. KANAKIA PROPERTIES PVT. LTD.
SONA CENTRE, 4TH FLOOR, KANDIVALI(WEST), BOMBAY - 400 067
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mrs. S.P.Lale Member
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
None present.
......for the Appellant
 
ORDER

(Per Mr.P.N.Kashakar, Hon’ble Presiding Judicial Member)

 

(1)     This appeal has been filed by the original complainant for the dismissal of the consumer complaint No.503/2001 vide order dtd.13/12/2001 by District Consumer Disputes Redressal Forum, Thane, since the complainant was not prosecuting the complaint.  After, the complaint learnt that the complaint was dismissed by the District Forum, she filed Misc.Application No.1613/2001 for restoration of the consumer complaint No.503/2001.  The said application was rejected by the District Forum by passing order dated 20/09/2003 holding that the forum has no jurisdiction to review its own order.  After receipt of the order of rejection of restoration application filed by the complaint, the complainant comes in appeal before this Commission.  In filing the appeal, there is delay of 629 days.  In the application of delay condonation i.e.in M.A.No.46/04, no satisfactory ground has been mentioned.  Under the circumstances, the said delay condonation application cannot be accepted because it is without any substance.  Under the circumstances, we pass the following order. 

 

ORDER

 

(1)     Application for condonation of delay stands rejected.  Consequently, the       appeal does not survive.

 

(2)     Inform the parties accordingly.

 

Pronounced on 02nd August, 2011.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mrs. S.P.Lale]
Member
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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