Maharashtra

StateCommission

RP/10/115

PRIDE INDIA PVT LTD - Complainant(s)

Versus

MITESH CHANDRAKANT PAREKH - Opp.Party(s)

Mr.Chetan Akerkar

14 Dec 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
Revision Petition No. RP/10/115
(Arisen out of Order Dated 04/08/2010 in Case No. 711/08 of District Mumbai(Suburban))
1. PRIDE INDIA PVT LTDTHROUGH ITS DIRECTOR OF MRS ANITA ARYA VIJAY RAJ BUILDING 229 S V ROAD BANDRA (W) MUMBAI MUMBAIMAHARASHTRA ...........Appellant(s)

Versus
1. MITESH CHANDRAKANT PAREKHA/303 GANPATI BAUGSOCIETY L T ROAD BABHAINAKA BORIVALI (W) MUMBAI MUMBAI MAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :Mr.Chetan Akerkar, Advocate for the Petitioner 1 Respondent present in person.

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ORDER

Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          This Revision Petition is filed by org. O.P. against the interim order passed by District Consumer Forum, Mumbai Suburban in consumer complaint No.711/2008 (wrongly mentioned as complaint No.771/2009).  In the pending complaint, Forum below has passed following order :-

          “Read application and annexed documents.  Proposed Laboratory is Central Government recognized Laboratory.  As       per Section 13 of Consumer Protection Act, 1986 that exercise is necessary.  Hence, allowed.  Complainant to bear the expenses.  Packing sealing and sending of material for testing be done in presence of Registrar.”

          It is this order which has been challenged by org. O.P. by filing this Revision Petition.

          Upon hearing both the parties, we are finding that the order of the District Consumer Forum is appearing to be perfectly correct and it is sustainable in law.  What has been sought by the applicant/org. complainant in the application submitted to District Consumer Forum in consumer complaint No.711/2008 is that the cloth in question which he had purchased from the O.P. of which colour had faded prematurely should be sent to Laboratory-M/s.Synthetic & Art Silk Milk Research Association (Sasmira), which is linked to the Ministry of Textiles, Govt. of India, Worli, Mumbai.  It is reputed institute having experts in the textile.  So, complainant simply wanted that cloth in question should be sent to the said Institute and he was ready to pay the expenses for getting it tested from said institute.  Forum below passed the order in favour of the complainant and directed that said cloth be sent to the said authority or institute after packing & sealing is done in presence of Registrar of District Consumer Forum.  We have been told that this has been already done and package was already delivered to the institute and that institute is likely to send the report within two days.  When this is so, there appears to be no merit in the challenge made by org. O.P. to the order in question.    In the interest of justice, it is always desirable that the property in dispute is got examined or tested by expert in the field.  This is permissible under Section 13 (1)(c) of Consumer Protection Act, 1986.  Forum below appears to have rightly exercised its power under Section 13 (1)(c) of Consumer Protection Act, 1986 and has directed that cloth in question be sent (it is already sent) to the institute/ M/s.Synthetic & Art Silk Milk Research Association (Sasmira) for expert report.   In the circumstances, we are finding that there is no merit in the Revision Petition.  It is as such liable to be rejected summarily.  Hence, we pass the following order :-

                             -: ORDER :-

1.       Revision Petition stands summarily rejected.

2.       No order as to costs.

3.       Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 14 December 2010

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