Circuit Bench Nagpur

StateCommission

A/15/466

SMT. DEVAKUBAI NANAJI RAISIDAM - Complainant(s)

Versus

ORIENTAL INSURANCE COMPANY LTD. - Opp.Party(s)

ADV.R.S. NAKTODE

17 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/15/466
(Arisen out of Order Dated 08/06/2011 in Case No. CC/78/2011 of District Chandrapur)
 
1. SMT. DEVAKUBAI NANAJI RAISIDAM
R/O SONULI (KANHALGAON) TAH-NAGBHID DISTT. CHANDRAPUR
CHANDRAPUR
MAHARASHT
...........Appellant(s)
Versus
1. ORIENTAL INSURANCE COMPANY LTD.
THROUGH BRANCH MANAGER DIVISIONAL OFFICE NO.2 8 HINDUSTANI COLONY AJNI CHOWK WARDHA ROAD NAGPIR DISTT. NAGPUR
NAGPUR
MAHARASHT
2. KABAL INSURANCE PRIVATE LTD THROUGH BRANCH MANAGER
11, DAWA LAYOUT NORTH AMBAZARI ROAD NAGPUR TAH 7 DISTT. NAGPUR
NAGPUR
MAHARASHT
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MR. S B SAWARKAR MEMBER
 
For the Appellant:
Advocate Mr R S Naktode
 
For the Respondent:
Advocate Mr A R Godbole
 
Dated : 17 Jan 2017
Final Order / Judgement

 

Per Mr B A Shaikh, Hon’ble Presiding Member

 

1.      None is present for the appellant.  Advocate Mr A R Godbole is present for respondent No.1. Advocate Mr Godbole submitted that this Commission condoned the delay that occurred in filing of the appeal subject to payment of cost of Rs.1,000/- to the respondent No.1 on or before 24.10.2016.  He further submitted that the said cost is not paid to the respondent No.1 till this date. He, therefore, requested that the appeal bearing No.A/15/466 may be dismissed on the said ground.

 

2.      Perusal of the record & proceedings of the appeal shows that on 15.09.2016 after hearing the advocates of both parties the delay occurred in filing of appeal was condoned subject to payment of cost of Rs.1,000/- by the appellant to the respondent No.1 on or before 24.10.2016.

 

3.      On 24.10.2016, Advocate Mr R S Naktode had appeared for the appellant & he had sought time for payment of cost of Rs.1,000/-.  The appeal then came to be adjourned till this date. 

 

4.      Today none appeared for the appellant and aforesaid cost of Rs.1,000/- is also not paid to the respondent No.1 by the appellant. Therefore, there is no alternative but to dismiss in default the appeal.

 

Hence, the appeal is dismissed in default.

Copy of the order be furnished to both parties free of cost.

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MR. S B SAWARKAR]
MEMBER

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