Maharashtra

StateCommission

MA/12/182

UNION BANK OF INDIA - Complainant(s)

Versus

NOORJI VALI MERCHANT - Opp.Party(s)

MRS SUCHARITA PATRA

20 Jun 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/12/182
 
1. UNION BANK OF INDIA
THROUGH ITS CHIEF MANAGER BRANCH AT NULL BAZAR NEAR MOHD ALI ROAD MUMBAI - 400003
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. NOORJI VALI MERCHANT
3/55 KARIMADABAD HSG SOCIETY 116 IMAMWADA ROAD MUMBAI - 400009
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dhanraj Khamatkar PRESIDING MEMBER
 HON'BLE MR. Narendra Kawde MEMBER
 
PRESENT:None present for the Applicant/Appellant.
 
Mr.Mahesh Joshi, Advocate for the Non-Applicant/Respondent.
 
ORDER

Per Mr.Dhanraj Khamatkar – Hon’ble Presiding Member:

 

     None present for the Applicant/Appellant.  Mr.Mahesh Joshi, Advocate for the Non-Applicant/Respondent.   

 

     On last date the Applicant/Appellant as well as Advocate were absent.  Advocate for the Non-Applicant/Respondent states that as per the order of the District forum, the execution proceeding was filed before the District Forum and the District Forum allowed the execution application and issued certificate for recovery under section 25(3) of the Consumer Protection Act, 1986 on 04.06.2012.  The recovery certificate was sent to the Collector by letter dated  21st June, 2012 which is acknowledged by the Collector on 25.06.2012.  In the present proceeding the Applicant/Appellant has challenged the order of the District Forum dated 30.08.2011 and there is a delay of 50 days in filing the appeal.  The order under challenge has already been executed by the District Forum.    Today the Applicant/Appellant is not present.  The costs imposed previously has also not been paid.  From the conduct of the Applicant/Appellant it is seen that he is not interested in conducting the matter.  The delay has not been explained satisfactorily.  In view of the aforesaid facts the delay is not condoned.  Hence, the Misc.Application for condonation of delay is dismissed.  Consequently the appeal does not survive for consideration.

 

Pronounced on 20th June, 2013.

 

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

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