Maharashtra

StateCommission

MA/10/622

MR VITTHAL M PANCHAL - Complainant(s)

Versus

SHRI PRAKASH NAMDEV MHATRE - Opp.Party(s)

P S GOKHALE

16 Dec 2010

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/10/622
 
1. MR VITTHAL M PANCHAL
M/S ANAND CONSTRUCTIONS MANDAKINI CO-OP HOUSING SOCIETY LTD KALWA
THANE
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI PRAKASH NAMDEV MHATRE
JOOMA PATIL CHAWL SHIVAJI NAGAR KALWA
THANE
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
 
ORDER

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

          Appellant was directed to serve notice on condonation of delay application.  Notice has not been served on the respondent.  What is shocking is the fact that delay is of 1 year and 42 days.  It is probably because of this that the appellant thought it fit not to issue notice to the respondent though we have directed issuance of notice on the condonation of delay application.

          Perused the Misc. Appl. No.622/2010 seeking condonation of delay of 1 year and 42 days, which is not properly explained.  In the circumstances, we hold that there is no just and sufficient cause established by the appellant to persuade us to condone the delay of 1 year and 42 days.  In the circumstances, we are of the view that this appeal has been preferred so belatedly just to avoid execution proceeding filed before the District Consumer Forum.  As such, we are not inclined to condone the delay.  Hence, we pass the following order :-

                   -: ORDER :-

1.       Misc. Appl. No.622/2010 for condonation of delay stands rejected.

2.       Consequently, Appeal No.1119/2010 does not survive for consideration.

3.       No order as to costs.

4.       Copies of the order be furnished to the parties.

 

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

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