Circuit Bench Nagpur

StateCommission

CC/17/67

EMPRESS CITY FLAT OWNERS ASSOCIATION - Complainant(s)

Versus

REWARD REAL ESTATE COMPANY LIMITED - Opp.Party(s)

ADV. RAJ AHUJA

01 Aug 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Complaint Case No. CC/17/67
 
1. EMPRESS CITY FLAT OWNERS ASSOCIATION
THROUGH ITS AUTHORIZED SIGNATORY, POA HOLDER MR. PAWAN S/O SRI KISHANLAL JAIN, R/O. FLAT NO. 502-503, C BLOCK, EMPRESS CITY NEAR GANDHI SAGAR LAKE, NAGPUR
NAGPUR
MAHARASHTRA
...........Complainant(s)
Versus
1. REWARD REAL ESTATE COMPANY LIMITED
CORPORATE OFFICE AT, RAGHUVANSHI MILLS COMPOUND, 11/12, SENAPATI BAPAT MARG, LOWER PAREL, WEST, MUMBAI-400 013
MUMBAI
MAHARASHTRA
2. KSL, LIMITED
11/12, RAGHUWANSHI ILLS COMPOUND, SENAPATI BAPAT MARG, LOWER PATEL, WEST, MUMBAI-400 013 THROUGH ITS DIRECTOR/AUTHORISED SIGNATORY
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MRS. Jayshree Yengal MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 01 Aug 2017
Final Order / Judgement

(Delivered on 01/08/2017)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

          None is present for the complainant.  Perusal of the record and proceedings of the complaint shows that  though  the complaint was filed  as back as on 13/10/2015 , the complainant  neither remained  present  before this Commission nor removed  the office objections  recorded  by the Registrar (Legal) on 29/10/2015.  Therefore, this Commission issued separate notice dated 01/03/2017 by Registered Post A.D.  to the complainant  for removing  office objections. The said notice has been duly served to the complainant as seen from the acknowledgement received duly signed by the complainant.

            Moreover, this Commission also  displayed  a separate notice  dated 03/02/2017 on notice board of this Commission calling upon the concerned  parties  and their  advocates  to remove  office objection within 15 days of this  notice. It  is also specified  in that notice  that  in case  of default  the matter  will be placed before the Circuit Bench for appropriate order. Thus,  despite  issuance of  said notices, the complainant  has not removed  the  office objection  in complaint   as seen from the report  dated 12/05/2017 submitted by the Registrar (Legal).  Therefore, the complaint  is listed today for appropriate order. We find that  as  the complainant remained  absent  since long and  failed to  remove office objection  till this date, the complaint  deserves to be dismissed in default. Accordingly, it is dismissed in default. The Bank  Demand Draft of Rs. 2000/- filed  in the complaint by the complainant  be returned to the complainant by Registered Post A.D. and its Xerox copy be retained  on  record of the complaint. 

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MRS. Jayshree Yengal]
MEMBER

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