Circuit Bench Aurangabad

StateCommission

FA/08/762

Janardhan S/o Dagadu Ugale - Complainant(s)

Versus

Mahindra and Mahindra Finance - Opp.Party(s)

Adv. Sachin Sarda

03 Oct 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI. CIRCUIT BENCH AT AURANGABAD.

First Appeal No. FA/08/762 (Arisen out of Order Dated 07/04/2008 in Case No. 487/2007 of District Aurangabad)   1. Janardhan S/o Dagadu Ugale R/o. At post Karanjgaon, Tq - vaijapur, Aurangabad ...........Appellant(s) Versus 1. Mahindra and Mahindra Finance Mahindra and Mahindra Finance, 2nd floor, sanjivani complex, Adalat road, near ratnaprabha motors , Aurangabad. ...........Respondent(s)

BEFORE:     HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER   HON'ABLE MRS. UMA BORA MEMBER   HON'ABLE MR. K.B.GAWALI MEMBER

PRESENT: None. ......for the Appellant   NOne. ......for the Respondent

ORDER   Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.   1.       Appellant Shri.Janardhan Dagadu Ugale  as well as his counsel Shri. S.C.Sarda are absent. However, none for the respondent is present, it's counsel Shri. Gajendra S.Sirsikar is also absent. However, proxy Adv. Smt.Vaishali Hire appeared with authority letter of Adv. Shri.Gajendra S.Sirsikar for the respondent. The record reflects that the appellant as well as his counsel are absent since long.   2.       On 09/01/2013 notice was issued to the appellant as well as respondent and their respective counsel and in response to the notice the respondent appeared through its counsel but no report about service of notice to the appellant is received.  On perusal of the office copy of the notice it reflects that it was issued on the correct address of the appellant as well as respondent and their respective counsel  as shown in the appeal memo. Therefore it will have to be presumed that they are served with notice, but nobody turned up. Therefore, on last date itself the matter was to be  dismissed in default. However, by way of last chance it is adjourned till today. But today also nobody for the appellant turned up. Hence, there is no alternative except to dismiss the appeal for default and accordingly it is dismissed. No order as to cost.

[HON'ABLE MR. S.M.SHEMBOLE] PRESIDING MEMBER   [HON'ABLE MRS. UMA BORA] MEMBER   [HON'ABLE MR. K.B.GAWALI] MEMBER