Maharashtra

StateCommission

FA/13/275

Ms Smita Pradeep Karwarkar - Complainant(s)

Versus

M/s Kotak Mahindra Prime Ltd - Opp.Party(s)

K Shukla

11 Nov 2014

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. FA/13/275
(Arisen out of Order Dated 03/04/2013 in Case No. Ea/12/67 of District Mumbai(Suburban))
 
1. Ms Smita Pradeep Karwarkar
306, Dhiraj Vally Saibaba Complex, Ciba Road Goregaon Mumbai
Mumbai
Maharashtra
...........Appellant(s)
Versus
1. M/s Kotak Mahindra Prime Ltd
36-38, Nariman Bahavan, 227, Nariman Point Mumbai 400421 And Branch Office At Vinay Bhavan Complex, 2nd floor 759A CST Road Kalina Santacruz (E) Mumbai 400098
Mumbai
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.C.CHAVAN PRESIDENT
 HON'BLE MR. Dhanraj Khamatkar Member
 
For the Appellant:
Adv. Pawan K. Pandey
 
For the Respondent:
None
 
ORDER

ORAL ORDER

Per – Hon’ble Mr. Justice R. C. Chavan, President

          This appeal filed by the Appellant is directed against an order dated 03/04/2013 passed by Mumbai Suburban District Consumer Disputes Redressal Forum dismissing Execution Petition No.67 of 2012 for want of prosecution.  Application was filed under Section-25(3) of the Consumer Protection Act, 1986 for execution of an order passed by the District Forum in favour of the Appellant/original Complainant.  Execution Petition was dismissed because the District Forum observed that the Appellant was continuously absent.  Aggrieved thereby, Appellant preferred this appeal.

[2]     Notice of this appeal was issued to the Respondent, who was represented by Adv. Madan Jadhav, on the previous date.  However, today none appeared on behalf of the Respondent when the matter was called out for hearing.

[3]     We have heard Adv. Pawan K. Pandey on behalf of the Appellant.  With the help of learned counsel we have also gone through the material placed on record.

[4]     Learned counsel for the Appellant submitted that brief of execution petition filed before the District Forum had been assigned to Adv. Kushal Shukla, who was supposed to attend the matter.  However, Adv. Kushal Shukla did not attend the matter and had left Chamber of Adv. Pawan K. Pandey.  It was stated that lapse in not attending the matter before the District Forum was not deliberate or intentional.  Affidavit to this effect has been filed by Adv. Pawan K. Pandey.  Considering that the Appellant would be made to suffer because of lapse on the part of the advocate, we find that the order passed by the District Forum deserves to be set aside.  Apart from this, since what was dismissed was an execution application and since the order in favour of the Complainant had not been complied with, the Appellant/Complainant could also have filed a fresh execution.  Therefore, we pass the following order:-

ORDER

 

Subject to payment of costs of Rs.1,000/- to be deposited by the Appellant with the Legal Aid Fund of this Commission within a period of fifteen days from the date of this order (since the order is passed in presence of party) appeal is allowed.  Consequently, impugned order dated 03rd April, 2013 passed by Mumbai Suburban District Consumer Disputes Redressal Forum, Bandra dismissing Execution Petition No.67 of 2012 is hereby set aside.

 

District Forum is hereby directed to hear the said execution petition afresh.  Without issuance of any fresh notice from the District Forum, the Appellant/Decree Holder shall appear before the District Forum on 22nd December, 2014.  

 

Pronounced and dictated on 11th November, 2014

 
 
[HON'BLE MR. JUSTICE R.C.CHAVAN]
PRESIDENT
 
[HON'BLE MR. Dhanraj Khamatkar]
Member

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