Circuit Bench Nagpur

StateCommission

RE/10/2009

UNICORN SECURITIES PVT. LTD. - Complainant(s)

Versus

SHRI GIRISH DHANRAJ BADLANI - Opp.Party(s)

ADV. MANISH MODAK

08 Sep 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
Revision Petition No. RE/10/2009
(Arisen out of Order Dated 04/02/2009 in Case No. CC/08/593 of District )
 
1. UNICORN SECURITIES PVT. LTD.
2ND FLOOR SARAF COURT INFRONT OF YASHAVANT STADIUM
DHANTOLI NAGPUR
...........Appellant(s)
Versus
1. SHRI GIRISH DHANRAJ BADLANI
FLAT NO 101 SHRIKRUSHNA APARTMENT NEAR SADHANA BANK JARIPATKA NAGPUR
...........Respondent(s)
 
BEFORE: 
  HON'BLE SMT.JAYSHREE YENGAL PRESIDING MEMBER
  HON'BLE MR.N. ARUMUGAM MEMBER
 
PRESENT:
None
......for the Petitioner
 
NONE
......for the Respondent
ORDER

PER SMT.JAYASHREE YENGAL, HON’BLE PRESIDING MEMBER

None for the Revision Petitioner and Respondent is present. The record reflects that the appellant has neither remained present in the commission nor has taken any steps to serve notice by Humdast as per the order passed by this Commission on 26/2/2010. This Revision Petition is filed by Original Opponent Unicorn Securities Pvt.Ltd. challenging the order passed by the District Consumer Forum, Nagpur on 4/2/2009 in CC No.593/08 thereby rejecting the preliminary objection raised by the appellant on the point of maintainability of the complaint on the ground of arbitration and conciliation clause. The forum, by this order, has held that there is no bar of arbitration and conciliation clause for the complainant to file a complaint under the Consumer Protection Act and, therefore, the complaint is tenable before the Forum. Against this order, the original opponent has come in appeal.

We find the order of the District Forum just and proper and sustainable in law and therefore, do not find any reason to interfere with the same. Therefore, we pass the following order.

                                                                                                               ORDER

            The Revision Petition stands dismissed.

            In the circumstances, no order as to costs.

 
 
[ HON'BLE SMT.JAYSHREE YENGAL]
PRESIDING MEMBER
 
[ HON'BLE MR.N. ARUMUGAM]
MEMBER

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