Maharashtra

StateCommission

A/07/1645

Mr. Shyam Kishor Sharma - Complainant(s)

Versus

M/s. Cholamandalam DBS Finance Limited (CDFL) - Opp.Party(s)

Mr. Sushil M. Shukla

26 Aug 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI

First Appeal No. A/07/1645 (Arisen out of Order Dated 14/09/2007 in Case No. 260/2003 of District Central Mumbai)   1. Mr. Shyam Kishor Sharma Prop. M/s. Omkar Roadlines, R/at 18/543, Vartak Nagar, Thane - 400 606. Thane Maharashtra ...........Appellant(s) Versus 1. M/s. Cholamandalam DBS Finance Limited (CDFL) (Formarly known as Cholamandalam Investment and Finance Co. Ltd.), Off. at Kasturi Bldg., 3rd floor, J. Tata Road, Mumbai - 400 020. Mumbai Maharashtra 2. MR.M.ANANDAN MANAGING DIRECTOR,M/S.CHOLAMANDALAM INVESTMENT & FINANCE CO.LTD.,TIAM HOUSE,28 RAJAJI SALAI,CHENNAI 3. MR.V.L.RAMKRISHNA SR.MANAGER,M/S.CHOLAMAMDALAM INVESTMENT & FINANCE CO.LTD.TIAM HOUSE,28 BALAJI SALAI,CHENNAI 4. MR.VAMAN RAMESH KAMAT DY.MANAGER,CREDIT & OPERATIONES,M/S.CHOLAMANDALM INVESTMNET & FINANCE CO. LTD.,KASTURI BUILDING,3RD FLOOR,J.TATA ROAD,MUMBAI-400021 5. MR.MAHESH BORSE (Amendment as per order dtd. 10/5/12) G. K., DY.MANAGER-CREDIT &OPERATIONS,M/S.CHOLAMANDALAM INVESTMENT &FINANCE LTD.,KASTURI BUILDING,3RD FLOOR,J.TATA ROAD,MUMBAI-400021 6. Mr. A. Vellayan, Chairman of M/s. Cholamandalam DBS Finance Limited (CDFL), Regd. Off. at Dare House, 1st floor, 2, NSC Bose Road, Chennai - 600 001. Chennai 7. Mr. Atul Pande, Managing Director M/s. Cholamandalam DBS Finance Limited (CDFL), Reg. Off. at Dare House, 1st floor, 2 NSC Bose Road, Chennai - 600 001. Chennai ...........Respondent(s)

BEFORE:     HON'ABLE MR. Dhanraj Khamatkar PRESIDING MEMBER   HON'ABLE MR. Narendra Kawde MEMBER

PRESENT: None present for the appellant.   Mr.V. Mannadiar, Advocate for respondent No.1.

ORDER Per Shri Dhanraj Khamatkar, Hon’ble Presiding Member           None present for the appellant. Mr.V. Mannadiar, Advocate present for respondent No.1. Appellant was directed to take steps to serve respondent Nos.4,5&7 on 10/05/2013. He failed to take steps for serving respondent Nos.4,5&7. In the interest of justice, last opportunity was given to the appellant to take steps for serving respondent Nos.4,5&7. However, appellant miserably failed to comply the order. In view of this fact, appeal against respondent Nos.4,5,&7 stands dismissed.           Advocate Mr.Mannadiar states that in the District Forum, M/s.Cholamandalam Investment & Finance Co. Ltd. was the party. However, in the appeal, M/s.Cholamandalam DBS Finance Ltd. (CDFL) has been impleaded as party. Respondent Nos.2&3 are also newly added parties which were not before the District Forum. Appeal is continuation of consumer complaint before the District Forum and there is material difference between the parties before the District Forum and in the appeal. We do not find any merit in the appeal. Hence, we pass the following order :-                    -: ORDER :- 1.       Appeal stands dismissed. 2.       No order as to costs. 3.       Copies of the order be furnished to the parties.   Pronounced Dated 26th August 2013.

[HON'ABLE MR. Dhanraj Khamatkar] PRESIDING MEMBER   [HON'ABLE MR. Narendra Kawde] MEMBER