Maharashtra

StateCommission

RP/12/39

THE NEW INDIA ASSURANCE CO LTD - Complainant(s)

Versus

MRS KAVITA DILIP KULKARNI - Opp.Party(s)

SMT S S DWIVEDI

03 Jul 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/12/39
(Arisen out of Order Dated 16/12/2011 in Case No. 256/2010 of District DCF, South Mumbai)
 
1. THE NEW INDIA ASSURANCE CO LTD
DO 112800 7 TH FLOOR 17/A CO-OPERAGE ROAD MUMBAI - 39
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. MRS KAVITA DILIP KULKARNI
KAVI DEEP NURSHING HOME NEAR CIRCUIT HOUSE BULDHANA TALUKA BULDHANA 143001
BULDHANA
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
Ms.S.S. Dwivedi, Advocate for the Revision Petitioner.
Mr.Ganesh Shirke, Advocate for the Respondent.
......for the Petitioner
 
ORDER

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

 

     Mr.Shirke, Advocate appears suo motu for the Respondent since he was Advocate appearing in the District Forum also.  We are finding in this Revision Petition that order on condonation of delay application passed in favour of the Respondent  has been challenged by the Revision Petitioner/original Opponent.

 

     The lone contention of Advocate Ms.Trivedi is that Complainant/Respondent has no locus standi to file consumer complaint on the basis of Letter of Administration issued by Hon’ble High Court.  As far as Locus standi of the Complainant is concerned it cannot be decided by this Commission.  It has to be decided by the District Forum itself.  For that purpose the petitioner has to take all those points opposing the complaint in its written version only.  The jurisdiction of this Commission is very limited.  We have to simply examine whether the lower Court has exercised its jurisdiction vested in it or in passing order there is any material irregularity or there was impropriety of any kind involved in passing the order.  We are finding no fault with the impugned order passed by the District Forum and as such it cannot be allowed to be challenged.  Hence, we pass the following order:

 

O  R  D  E  R

 

    (i)            Revision Petition stands dismissed.

 

  (ii)            No order as to costs.

 

Pronounced on 3rd July, 2012.

 

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

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