NCDRC

NCDRC

RP/3130/2012

SUJATA R. SULAKHE & 3 ORS. - Complainant(s)

Versus

MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY & 5 ORS. - Opp.Party(s)

MR. PAWAN KUMAR BANSAL

29 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3130 OF 2012
 
(Against the Order dated 30/03/2012 in Appeal No. 1549/2012 of the State Commission Maharastra)
1. SUJATA R. SULAKHE & 3 ORS.
R/o 133, Ojas Rom No.1, Dr. M.B. Raut Road, Shivaji Park,
Mumbai-400028
Maharashtra
2. Mr. R.D. Sulakhe
R/o 133, Ojas Rom No.1, Dr. M.B. Raut Road, Shivaji Park,
Mumbai-400028
Maharashtra
3. Mr. Vivek A. Shitut
R/o 133, Ojas Rom No.1, Dr. M.B. Raut Road, Shivaji Park,
Mumbai-400028
Maharashtra
4. Mr. H.K. Ghosh
R/o 133, Ojas Rom No.1, Dr. M.B. Raut Road, Shivaji Park,
Mumbai-400028
Maharashtra
...........Petitioner(s)
Versus 
1. MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY & 5 ORS.
Gruhnirman Bhavan, Govt. Colony, Opp. Kalanagar, Bandra(East),
Mumbai-400051
Maharashtra
2. THE EXECUTIVE ENGINEER, MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY
8/5, Sonawala Building, 1st Floor, S.A. Palav Marg, Sindewadi, Dadar(East)
Mumbai-400014
Maharashtra
3. MUMBAI REPAIR & CONSTRUCTION BOARD
Gruhnirman Bhavan, Govt. Colony, Opp. Kalanagar, Bandra(East),
Mumbai-400051
Maharashtra
4. MUMBAI MUNICIPAL CORPOPRATION
Mahapalika Marg Fort,
Mumbai-400001
Maharashtra
5. MR. S.R. PARADKAR, ARCHITECT
R/o Pipalwada Construction, 201, Sai Shakti Tower, Jaisal Park, Bhayander(East)
Thane-401105
Maharashtra
6. MR. HARILAL B. SHARMA, CONTRACTOR
201, Sai Shakti Tower, Jaisal Park, Bhayander(East)
Thane-401105
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. PAWAN KUMAR BANSAL
For the Respondent :NEMO

Dated : 29 Nov 2012
ORDER

Counsel for the petitioner is present. Arguments heard. The State Commission has passed the order which is reproduced as under: one is present for the appellants. Office objections not removed despite the time granted on last occasion. On last date and on today board this appeal has been notified on Internet Board of this Commission but none is appearing on behalf of appellant for removal of office objections. Therefore, appeal is dismissed for non removal of office objections Counsel for the petitioner submit that counsel engaged there could not appear. He does not give any reason for the same. It clearly goes to show that there was negligence on the part of the counsel. However, in the interest of justice, we restore the case before the State Commission subject to payment of Rs.5000/- as cost to be deposited in Consumer Legal Aid Account NCDRC of this Commission. Its receipt be produced before the State Commission. State Commission is directed to hear the petitioner on merits. Counsel for the petitioner is directed to remove the defects before the date fixed by this Commission. He is directed to appear before the State Commission on 11.01.2013 when the State Commission will hear the case on admission of his appeal. Order be given dasti.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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