Maharashtra

StateCommission

A/10/842

MRS BHARATI S KHANDHAR - Complainant(s)

Versus

MR RAJAN KULKARNI - Opp.Party(s)

N K DAYANANDAN

25 Aug 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/842
(Arisen out of Order Dated 28/05/2010 in Case No. 119/08 of District Mumbai)
1. MRS BHARATI S KHANDHARTEJ GAURAV HOUSE 109 TELANG ROAD MATUNGA MUMBAI MUMBAI MAHARASHTRA ...........Appellant(s)

Versus
1. MR RAJAN KULKARNIM/S RAJAN KULKARNI & ASSOCIATES 219 GOKUL SWATANTRA CO-OP HSG SOCITY NEXT TO MAHALAXMI HOSPITAL SION (E) MUMBAI MUMBAI MAHARSHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :N K DAYANANDAN, Advocate for the Appellant 1

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ORDER

Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

 

          This appeal takes an exception to the order dated 28/05/2010 passed in consumer complaint No.119/2008, Mrs.Bharati S. Khandhar V/s. Mr.Rajan Kulkarni, by District Consumer Disputes Redressal Forum, Central Mumbai.  The consumer complaint is filed with the grievance that the respondent/O.P. whose services were engaged to get illegal construction regularized, failed to secure the order of regularization.  Forum below dismissed the consumer complaint.  Aggrieved thereby, original complainant has preferred this appeal.

          We heard Mr.N.K. Dayanandan, Advocate for the appellant.

          In the instant case, as per the undisputed facts, respondent/O.P. did make all the efforts to get regularize the illegal construction.  It further appears that for want of payment of certain charges, authority supposed to regularise or which vested with the discretion to regularize did not regularize the illegal construction.  Services of the respondent were hired for giving service to make an application for regularization and to prosecute the proceeding.  Respondent has prosecuted the same and he is not concerned with the result since his services were hired to follow up with all the authorities supposed to pass order of regularization and to get the order in that behalf.  Under the circumstances, we find that the Forum below rightly held that there is no deficiency in service and dismiss the complaint.  We endorse the same finding and hence, finding the appeal devoid of any substance, we pass the following order :-

                 

                -: ORDER :-

1.       Appeal stands dismissed in limine.

2.       No order as to costs.

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

 

PRONOUNCED :
Dated : 25 August 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member