Maharashtra

StateCommission

A/10/1243

SHRI KRUSHNAT PANDURANG PATIL - Complainant(s)

Versus

SHRI NANA MARUTI HANCHNALE - Opp.Party(s)

TUSHAR PIMPALE

03 Dec 2010

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/1243
(Arisen out of Order Dated 21/08/2008 in Case No. 229/2008 of District Kolhapur)
 
1. SHRI KRUSHNAT PANDURANG PATIL
R/O KALLARMNAWADI WASAHAT KAGAL
KOLHAPUR
MAHARASHTRA
2. Shri Tukaram Eknath Patil
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
Maharashtra
3. Baban Dhondiram Patakare
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
Maharashtra
...........Appellant(s)
Versus
1. SHRI NANA MARUTI HANCHNALE
R/O PIMPALGAON KHURD TAL KAGAK
KOLHAPUR
MAHARASHTRA
2. Shevant Maruti Hanchnale
Pimpalgaon Khuyrd Tal Kagal
Kolhapur
M.S.
3. Dudhganga Nagari Sah pat sanstha Mydt,
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
4. Maruti Balu Yadav
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
5. Dinkar Tukaram Yadav
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
6. Chandrakant Narayan Potdar
R/o Nipani Ves kagal Tal Kagal
Kolhapur
M.S.
7. Prakash Hari Rane
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
8. Sripati Shankar Dalvi
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
9. Bapu Ladu Dalvi
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
10. Ujwala Vijay Rane
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
M.S.
11. Anita Vishnu Yadav Director RIO
R/o Kallammawadi Vasahat Kagal Tal Kagal
Kolhapur
Maharashtra
12. Nandkumar Narayan Potdar Secretory
R/o Nipani Ves Kagal Tal Kagal
Kolhapur
M.S.
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:Mr.Tushar Pimpale, Advocate for the Appellants.
 
ORDER

Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

 

 

     This appeal has been filed by some of the Opposite Parties who were aggrieved by the judgement passed by Consumer Disputes Redressal Forum, District Kolhapur in Consumer Complaint No.229/2008.

 

     The complaint was filed by Shri Nana Maruti Hanchnale and Sou.Shevant Maruti Hanchnale, both resident of Pimpalgaon, Khurd, Tal.Kagal, Dist. Kolhapur.  They had deposited in three fixed deposits in the name of (1)Shri Nana Maruti Hanchnale, Sou. Shevanta Maruti Hanchnale and Sou.Shevanta Maruti Hanchnale.  Total deposit amount was `24,000/- and they were to get double the amount on maturity as per the terms and conditions of the deposit receipts.  These fixed receipts were tendered on the date of maturity to the Society and its managing committee members who were Opponents in the Forum below did not honour their demand and therefore, these two persons were required to file consumer complaint in the District Forum, Kolhapur. Said complaint was ultimately decided in favour of the Complainant.  Amount as per maturity date is ordered to be refunded with interest @6% per annum, besides cost of `500/- was directed to be paid by the Opponents to the Complainants.

 

     Aggrieved by this order these three Appellants have filed this appeal.  In filing appeal there is delay of 826 days.  We are not satisfied with the grounds given for condonation of delay in the application for condoning the huge delay of 826 days.  For condonation of delay, strong and sufficient ground is required to be mentioned by the Appellants in the condonation of delay application.  Here virtually no grounds are mentioned to persuade us exercise our discretion in their favour.  Moreover, condonation of delay application there is no signature of Mr.Tushar Pimple, Advocate for the Applicant.  It is simply kept blank.  Place is also not mentioned. Date is also not mentioned.  No Advocate had verified the person making solemn affirmation.  In these circumstances, we are not inclined to condone the huge delay of 826 days in filing this appeal.  Misc. Application No.679/2010 filed in this behalf therefore is required to be rejected.  Hence, we pass the following order:

 

O  R  D  E  R

 

         (i)          Misc.Application No.679/2010 stands rejected.

 

       (ii)          Consequently, Appeal No.1243/2010 does not survive for consideration.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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