Circuit Bench Nagpur

StateCommission

A/11/234

Smt . Sheela w/o Sanjay Shaarma - Complainant(s)

Versus

Shri Vidhya w/o Rajedra Shende - Opp.Party(s)

Suresh Shukla

14 Jul 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. A/11/234
(Arisen out of Order Dated 22/01/2010 in Case No. cc/09/198 of District )
 
1. Smt . Sheela w/o Sanjay Shaarma
R/o Shivdhoti palace Sugat nagar Jaripatka Ring Road Nagpur
Nagpur
...........Appellant(s)
Versus
1. Shri Vidhya w/o Rajedra Shende
R/o 40-301/ L I G 1 Hudco colony Jaripatka Nagpur
Nagpur
...........Respondent(s)
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE N. ARUMUGAM MEMBER
 
PRESENT:
Adv.Shukla
......for the Appellant
 
None
......for the Respondent
ORDER

Heard Adv.Shukla for the Appellant. None for the Respondent.

 

Respondent is not necessary because at the stage of admission itself we are

 

disposing of this appeal. This appeal has been filed U/s 27 (A) of the Consumer

 

Protection Act,1986. In our view, appeal U/s 27 (A) of the Consumer Protection

 

Act,1986 can be filed only against the order of sentence passed by the District

 

Forum after full trial held U/s 27 of the Consumer Protection Act,1986. So, we

 

examined the impugned order annexed at Annexure “D”. Impugned order is

 

nothing but framing of particulars to be done under summary procedure which is

 

required to be followed U/s 27(3) of the Consumer Protection Act,1986. Under

 

summary procedure, once the accused comes before the court, particulars are

 

required to be explained. The same has been done by the District Forum when

 

the appellant appeared before them in the pending trial. Now, framing of

 

particulars of offence is done owing the non compliance of the award passed by

 

the District Forum in CC No.198/09. It is not the case of the appellant that

 

something more or something extra has been mentioned in the particulars of

 

offence. Particulars of offence have been properly explained strictly in terms of

 

award passed by the District Forum and, therefore, considered from any angle,

 

the appeal at this stage is liable to be dismissed. We are finding no substance in

 

the appeal.

 

Hence the order…

 

Draft

 

ORDER

 

1) Appeal is dismissed.

 

2) No order as to cost.

 

3) Inform the parties accordingly.

 

Delivered on 14/07/2011.

 

 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE N. ARUMUGAM]
MEMBER

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