NCDRC

NCDRC

FA/483/2009

LAXMICHAND M.SHAH - Complainant(s)

Versus

M/S. DURA TECH.DEVELOPER & ORS. - Opp.Party(s)

IN PERSON

12 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIFIRST APPEAL NO. 483 OF 2009
(Against the Order dated 08/10/2009 in Complaint No. 96/2009 of the State Commission Maharastra)
1. LAXMICHAND M.SHAH ...........Appellant(s)
Versus
1. M/S. DURA TECH.DEVELOPER & ORS. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. ANUPAM DASGUPTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 12 Mar 2010
ORDER

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No one appears for the appellant. Appellant has not cared to remove the defects in the first appeal despite a communication having been sent to him. Even then, we have considered the grounds set up in the memorandum of appeal in order to challenge the impugned order. Having regard to the facts and circumstances of the case and more particularly that by filing a consumer complaint the appellant invoked the jurisdiction of the consumer forum in order to realize the compromise decree passed by a competent civil court, the dismissal of the complaint as not maintainable, is eminently justified. ..2.. The appellant was wholly mis-conceived in filing the said complaint before the consumer forum for such a relief. Accordingly, the first appeal is dismissed.


......................JR.C. JAINPRESIDING MEMBER
......................ANUPAM DASGUPTAMEMBER