NCDRC

NCDRC

FA/551/2015

1st SPAN PACKERS & MOVERS (INDIA) - Complainant(s)

Versus

LT. COL. CHANDRA SHEKHAR JOSHI & ANR. - Opp.Party(s)

MR. MADHURENDRA KUMAR

09 Jul 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 551 OF 2015
 
(Against the Order dated 13/10/2014 in Complaint No. 439/2000 of the State Commission Maharashtra)
1. 1st SPAN PACKERS & MOVERS (INDIA)
THROUGH ITS BRANCH MANAGER/ PROPRIETOR, SHRI P.S. KHURANA, HAVING ITS DELHI OFFICE AT: J-7, SHOPS, HARI NAGAR, BERI WALA BAGH,
NEW DELHI-110 064.
...........Appellant(s)
Versus 
1. LT. COL. CHANDRA SHEKHAR JOSHI & ANR.
(THROUGH ITS CONSTITUTED ATTORNEY) SMT. PRSISCILLA JOSHI,202,CHETNA APARTMENTS, EAST STREET,
PUNE-411019
MAHARASHTRA
2. M/S. ARROW TRANSPORT PVT. LTD
THORUGH MR. VINOD THADANI, 216/18, SHIVAJI PARK, PLOT NO.216, SECTOR-18, CHINCHWAD,
PUNE-411019,
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. DINESH SINGH,MEMBER

For the Appellant :
Mr. Madhurendra Kumar, Advocate
For the Respondent :

Dated : 09 Jul 2019
ORDER

 

 

Heard learned counsel for the appellant.  Perused the material on record.

          The State Commission vide its Order dated 13.10.2014 had partly allowed the appeal with the following directions:

“Complaint is partly allowed.

Opponent No. 1 is hereby directed to pay to the Complainant an amount of Rs.3,29,750/- together with interest thereon @ 12% p.a. with effect from the date of filing of the complaint viz. 12th October, 2000 within a period of two months from the date of receipt of this order and failing which the amount shall carry additional interest @3% p.a. till its realization.

Opponent No. 1 shall bear its own costs and shall pay to the Complainant costs quantified at Rs.30,000/-.

Complaint, as against the Opponent No. 2, stands dismissed.

 

          This revision petition has been filed against the said Order dated 13.10.2014 of the State Commission.

          The proceedings before the Registry in this Commission read as below:

            Dated the 22ND day of July, 2015

PROCEEDINGS

            Present none.

            Issue notice to the appellant to cure the defects within four weeks.

            List the matter before the Registrar for further scrutiny on 01.10.2015.

Sd/-

(ANIL SRIVASTAVA)

Registrar,

Later ld. Counsel for the appellant Mr. Madhurendra Kumar appeared and he has been informed of the orders passed. No need to issue notice.

 

            Dated : 01.10.2015

PROCEEDINGS

Learned counsel for appellant seeks four weeks’ time to cure the defects.  Let the defects be cured within the time sought for.

                        List the matter before the Registrar on 28.10.2015 for further scrutiny.

 

            28th October, 2015

PROCEEDINGS

                        One final opportunity is afforded to cure the defects within four weeks’.

                        List the matter before the Registrar on 12.01.2016.

 

            Dated : 12.01.2016

PROCEEDINGS

Learned counsel appearing for the appellant seeks last opportunity to cure the defects. Let the defects be cured within four weeks.

                        List the matter before the Registrar for further scrutiny on 25/02/2016.

 

            Dated the 25th Day of February, 2016

PROCEEDINGS

                        Defects have not been removed.

One final opportunity afforded to the appellant to cure the defects within four weeks.

List the matter before the Registrar for further scrutiny on 27.04.2016.  If, however, the defects are cured by then, the matter may be listed on that day before the Hon’ble Bench for admission hearing.

 

27th April, 2016

                                                            PROCEEDINGS

 

The Counsel for the Appellant seeks final opportunity to enable him to cure the defects. Let the defects be cured within four weeks’.

          List the matter before the Registrar for further scrutiny on 03.06.2016.

          It is made clear that no further opportunity will be given to the Petitioner for the same purpose.

 

Dated the 03rd Day of June, 2016

                                                            PROCEEDINGS

 

                        This First Appeal was filed on 10.07.2015. 

            Defects have not been removed despite last opportunity having been afforded.  Ld. Counsel for the appellant appearing today prays for further one week’s time to cure the defects.

            Last opportunity having been afforded, no further time can be allowed.

            List the matter before the Hon’ble Commission for directions on 04.08.2016.

 

 

          The proceedings before the Bench in this Commission read as below:

 

Dated the 4th Day of August, 2016

                                                            PROCEEDINGS

As per proceedings dt.03.06.2016, this matter was to be listed before the Hon’ble Bench for direction.  It is wrongly listed before the Registrar.

List the matter before the Hon’ble Bench for direction on 16.08.2016.

 

Dated: 16th August, 2016

                                                            ORDER

 

The learned counsel for the appellant stated that the documents filed by him on 10.8.2016 were part of record of the State Commission.

          Heard  the learned counsel for the appellant.

          Issue notice of memo of appeal as well as application for condonation of delay to the respondents, subject to payment of Rs.5,000/- to respondent no.1 to cover to and fro and allied expenses.

The operation of the impugned order dated 13.10.2014 is stayed, subject to deposit of 50% of the amount awarded by the State Commission  within a period of four weeks with this Commission which shall be kept in the shape of an FDR.

          List the matter for further hearing on 5.12.2016.

 

Dated: 05.12. 2016

                                                            ORDER

 

Service has not been affected on both the respondents and notices have been received back with the remarks ‘not known” and “left” respectively.

The learned counsel for the appellant has been asked to provide fresh addresses of these two respondents within a period of two weeks.  Thereafter, the Registry may issue fresh notices to these respondents returnable on 24.04.2017.

 

Dated: 24.04.2017

                                                            ORDER

Despite the fact that a period of about five months have passed, the appellant has not been able to provide fresh address of the respondents, although a period of two weeks had been given for providing the same. The learned counsel for the appellant stated that fresh address of the respondents shall be filed and a time of four weeks may be allowed as last opportunity to the appellant. Accordingly, the time, as requested, is granted to the appellant to file fresh address of the respondent.

            List the matter for further hearing on 02.06.2017.

 

02.06.2017

                                                            ORDER

Learned counsel for the petitioner submits that he was unable to procure the fresh address of the respondent. Therefore, he wants to serve notice through paper publication. He may file the application in this regard with details of names of the newspapers within four weeks.

            List the matter for further hearing on 01.09.2017.

 

01.09.2017

                                                            ORDER

The learned counsel or the appellant seeks further time to file application for substituted service. He may file the same within one week as requested by him.

            List the matter for consideration of the same on 15-09-2017.

 

Dated: 15.09.2017

                                                            ORDER

 

The application for substituted service has been filed vide I.A. No. 13822/2017. The notice for service of the respondents be published in ‘The Statesman’ (English Daily) and ‘Dainik Jagran’ (Hindi Daily). The Registry may issue the notice for publication in the said newspapers and provide the same to the learned counsel for the appellant to have it published in the said newspapers before the next date of hearing.

            List the matter for further hearing on 19.12.2017.

 

19.12.2017

                                                            ORDER

            The learned counsel for the appellant is present.

            In pursuance of the last order notice was not published. The counsel seeks last opportunity as the proprietor of the petitioner is suffering from kidney ailment. The learned counsel is directed to collect the notice from the Registry and publish the same within four weeks.

            List the matter for further hearing on 24-05-2018.

 

Dated: 24.05.2018

                                                            ORDER

The learned counsel for the appellant seeks time for publication of the notice. A time of four weeks is granted for the same.     

            List the matter for further hearing on 04.10.2018.

 

Dated: 04.10.2018

                                                            ORDER

No one is present on behalf of the respondents. Issue fresh notice to the respondents. ‘Dasti in addition.

            List the matter for further hearing on 07-03-2019.

 

Dated: 07.03.2019

                                                            ORDER

The learned counsel for the appellant submits that service on the respondents could not be affected. He further submits that the appellant will ensure service through publication in two leading daily newspapers, one in English and the other in the regional language. He may do so within four weeks from today as per the due procedure through the Registry.

            List the matter for further hearing on 09-07-2019.

 

A mere perusal shows that the case is being unnecessarily and unwarrantedly kept lingering by the appellant, the case, from 2015 to 2019, is still, today, at the stage of effecting service of the notice on the respondent no. 1 (Lt. Col. Chandra Shekhar Joshi), the service is being unnecessarily and unwarrantedly not being effected (by any mode).

          Considering that the dispute pertains to 2000 and we are now in 2019, and considering that the appeal has been pending in this Commission since 2015, and considering the chronological sequence of proceedings before the Registry and before the Bench, we, now, do not find any reason or ground to provide more opportunity for effecting the due warranted service of notice on the respondent no. 1 – complainant (sufficient, and more, opportunity has already been provided).

          The revision petition is dismissed for faulty / want of prosecution.

          Needless to add that the State Commission shall undertake execution as per the law.

          Let a copy each of this Order be sent to the State Commission and to the respondent no. 1 - complainant by the Registry within ten days. The State Commission is also requested to bring this Order to the notice of the complainant ( Lt. Col. Chandra Shekhar Joshi).

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
DINESH SINGH
MEMBER

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