Maharashtra

StateCommission

A/10/5

GANPATI PETH VYAPARI NAGRI SAH PAT SANSTHA LTD SANGLI & ORS - Complainant(s)

Versus

SHRI SUKHDEV MARUTI SALUNKHE - Opp.Party(s)

CHOUGULE

11 Aug 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/5
(Arisen out of Order Dated 23/10/2009 in Case No. 984/08 of District Sangli)
1. GANPATI PETH VYAPARI NAGRI SAH PAT SANSTHA LTD SANGLI & ORSCHANDANI CHOUK SANGLI Maharastra ...........Appellant(s)

Versus
1. SHRI SUKHDEV MARUTI SALUNKHE R/O MOUJE GULVANCHI TAL JAT DIST SANGLI SANGLI Maharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr.Justice S.B.Mhase PRESIDENTHon'ble Mr. S.R. Khanzode Judicial Member
PRESENT :Mr.Nilesh Wabale-Advocate for the appellant

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ORDER

Heard Mr.Nilesh Wabale-Advocate for the appellant

This appeal has been filed challenging the orders passed in consumer complaint nos.984/2008, 985/2008, 986/2008, 987/2008, 988/2008, 989/2008, 990/2008, 991/2008, 992/2008, 993/2008, 994/2008, 995/2008, 996/2008 & 997/2008. These 14 complaints were decided by the District Consumer Disputes Redressal Forum, Sangli by a common judgement dated 23/10/2009.  In view of the fact that it is a common judgement, the appellants have filed a common appeal and this appeal is within limitation.  This Commission by order dated 11/6/2010 has observed that the appellant has filed a composite appeal as against the common order which is passed in several complaints together.  Those judgements may be common, yet in every matter separate appeal is required to be filed and, therefore, appellant was hereby directed to file separate appeal and he should elect the complaint in which this matter be treated as appeal and the matter was adjourned to 11/8/2010.  Today it is brought to our notice that the appellants have filed appeal nos.782/2010 to 795/2010 and he has filed separate 14 appeals.  Appeal no.782/2010 has been registered as a master appeal and appeal nos.783/2010 to 795/2010 have been registered as slave cases as per Softward programme of Confonet.  Thus, appellants have filed the present appeal in view of the directions given by the State Commission as stated above.  In earlier directions we have directed that so far as Appeal no.5/2010 is concerned, appellant shall elect the complaint in which said appeal shall be treated as appeal.  Further, instead of electing the complaint in which it is to be considered he has filed a separate appeal.  Resultantly, there are 15 appeals as against the 14 complaints decided by the District Consumer Disputes Redressal Forum.  In view of this Ld.counsel for the appellant states that Appeal no.5/2010 may be allowed to be withdrawn in view of the fact that separate 14 appeals have been filed as per the directions of the State Commission.  Ld.counsel for the other side has no objection to follow this course.  Therefore, Appeal no.5/2010 is allowed to be withdrawn in view of the fact that Appeal no.782/2010 to 795/2010 have been preferred as against common judgement and they are pending for consideration. Hence the order:-

                                                ORDER

Appeal no.5/2010 stands disposed of. 

Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 11 August 2010

[Hon'ble Mr.Justice S.B.Mhase]PRESIDENT[Hon'ble Mr. S.R. Khanzode]Judicial Member