NCDRC

NCDRC

FA/1498/2017

MAHINDRA & MAHINDRA LTD. - Complainant(s)

Versus

SANTOSH NAMDEO BANDGAR & ANR. - Opp.Party(s)

MR. ANAND SHANKAR JHA & MOHAMMAD ALI

19 Sep 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1498 OF 2017
 
(Against the Order dated 20/06/2017 in Complaint No. 1078/2016 of the State Commission Maharashtra)
1. MAHINDRA & MAHINDRA LTD.
THROUGH ITS MANAGING DIRECTOR, GATEWAY BUILDING, APOLLO BUNDER
MUMAI-400039
MAHARASTRA
...........Appellant(s)
Versus 
1. SANTOSH NAMDEO BANDGAR & ANR.
R/O KUKTOLI,TAL. KAVATHEMAGANKAL, AGE-35 YEARS,OCCUPATION AGRICULTURE,
SAGALI-416418
2. M/S S.P.AUTOMOTIVE,
NEAR MORE NIGADE BUILDING, PLOT NO.-237, NH-4,UCHAGAON, TAL.KARVEER,
KOLHAPUR-416005
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. Anand Shankar Jha, Advocate
Mr. Divyam Tripathi, Advocate
For the Respondent :
Mr. Santosh Namdev Bandgar, R-1, in person

Dated : 19 Sep 2017
ORDER

As per office report, Respondent No.2 remains unserved.  However, we find from the order impugned in this Appeal that when the said order was passed by the State Commission, the said Respondent, Opposite Party No.2 in the Complaint, had not been served with a notice.

Under the circumstances, we feel that it is unnecessary to have the notice served in this Appeal on Respondent No.2, which has been impleaded only because of the fact that it happened to be one of the Opposite Parties in the Complaint.

The Complainant is present in person.  He states that in order to avoid further delay in adjudication in the Complaint, he would have no objection if the order impugned is set aside and an opportunity is granted to the Appellant to file its Written Version within a specified time subject to payment of costs.

In view of the statement made by the Complainant, we allow the Appeal, and set aside the impugned order, with a direction that if the Appellant files its Written Version within 30 days from today, the same shall be taken on record, subject to the Appellant paying to the Complainant costs of ₹25,000/-.  The costs shall be paid before the State Commission.

The parties/their Counsel are directed to appear before the State Commission on 05.12.2017, the date already fixed, for further proceedings in accordance with law.

The Appeal stands disposed of in the above terms, with no order as to further costs.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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