Maharashtra

StateCommission

RP/09/164

VODAFONE ESSAR LTD. - Complainant(s)

Versus

R.B.UPADHAYA - Opp.Party(s)

KAMLESH KHARADE

10 Jan 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/09/164
(Arisen out of Order Dated null in Case No. First Appeal No. of District )
 
1. VODAFONE ESSAR LTD.
PENINSULA CORPORATE PARK, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI
...........Appellant(s)
Versus
1. R.B.UPADHAYA
216-B, ROLEX SHOPPING CENTRE, STATION RD. GOREGAON (W), MUMBAI
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:Mr.E.P.Keswani -Advocate for the petitioner
 Respondent in person
ORDER

Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

Heard Mr.E.P.Keswani -Advocate for the petitioner.  Respondent in person.

Impugned order dated 24/3/2008 to the effect of granting interim relief appears to have been passed by a single member of the forum below,  Hon’ble Member Mrs.D.S.Bindnurkar. Therefore, it is not the order passed by the forum which ought to have been constituted by three members and at least fulfilling the quorum. Therefore, order is non-est in the eyes of law. We hold accordingly and pass following order:-

                             ORDER

Revision petition is allowed.

Impugned order dated 24/3/2008 is set aside.

Matter is remitted back to the forum below to decide on application for granting ad-interim relief afresh according to law.

Copies of the order be furnished to the parties.

 

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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