Maharashtra

StateCommission

A/09/174

M/S ANKITA DEVELOPERS - Complainant(s)

Versus

MR PRAMOD GHATE - Opp.Party(s)

AMIT SINGH

19 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/09/174
(Arisen out of Order Dated 03/01/2009 in Case No. 92/2008 of District Thane)
1. M/S ANKITA DEVELOPERSS NO 9 HISSA NO 3 VILLAGE KHOJ AMBERNATH (W) THANEMaharastra ...........Appellant(s)

Versus
1. MR PRAMOD GHATEO T SECTION NR MARATHI SCHOOL NO 14 ULHASNAGAR THANEMaharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr.Justice S.B.Mhase PRESIDENTHon'ble Mr. S.R. Khanzode Judicial MemberHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :AMIT SINGH, Advocate for the Appellant 1 Ms.Rashmi Manne,Advocate, for Wavikar, Advocate for the Respondent 1

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ORDER

Heard both the sides.  This appeal can be disposed of at the admission stage finally. This appeal takes an exception to an order dated 03/1/2009 passed by District Consumer Disputes Redressal Forum, Thane in consumer complaint no.92/2008. What we have noticed that this complaint was heard by President and two members together. However, on the order we find there are only two signatures namely of President and one of the members.  Other member Mrs.Bhavana Pisal has not signed the said order.  It is an admitted position before the State Commission that out of three persons, who presided over the District Consumer Disputes Redressal Forum only two have signed the order and one has not signed the order.  It is equally admitted before us that one member Mrs.Bhavana Pisal has not signed or delivered separate judgement differing with two others.  Under these circumstances, in fact the order is not complete.  Registrar under these circumstances should not have supplied the certified copy to the appellant to file an appeal as free copy because the order is not complete in accordance with the law.  On this technical ground order passed by the District Consumer Disputes Redressal Forum is hereby set aside.  Complaint is restored back to file.  District Consumer Disputes Redressal Forum is directed to decide the complaint afresh. 

Parties to appear before the District Consumer Disputes Redressal Forum, Thane on 16/8/2010. 

Registrar (Administration) is hereby directed to call for an explanation of Registrar, District Consumer Disputes Redressal Forum, Thane as to why when the order was not complete he has issued a free copy to the parties to prefer an appeal.

Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 19 July 2010

[Hon'ble Mr.Justice S.B.Mhase]PRESIDENT[Hon'ble Mr. S.R. Khanzode]Judicial Member[Hon'ble Mr. Dhanraj Khamatkar]Member