Circuit Bench Nagpur

StateCommission

A/15/449

INDIAN RAILWAY CATERING AND TOURISM CORPORATION - Complainant(s)

Versus

SHRI. PRASHANT SON OF PRAKASH KOTHARI - Opp.Party(s)

ADV.N.P. LAMBAT

17 Oct 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/15/449
( Date of Filing : 21 Aug 2015 )
(Arisen out of Order Dated 29/11/2014 in Case No. CC/39/2013 of District Nagpur)
 
1. INDIAN RAILWAY CATERING AND TOURISM CORPORATION
9TH FLOOR BANK OF BARODA BUILDING PARLIAMENT ROAD NEW DELHI
NAGPUR
MAHARASHT
...........Appellant(s)
Versus
1. SHRI. PRASHANT SON OF PRAKASH KOTHARI
R/O PLOT NO. 97 BAJAJ NAGAR NAGPUR
NAGPUR
MAHARASHT
2. ROHAN SAON OF PRASHANT KOTHARI
R/O PLOT NO.97 BAJAJ NAGAR NAGPUR
NAGPUR
MAHARASHT
3. UNION OF INDIA THROUGH RAILWAY BOARD
RAILWAY BHAVAN RAFI MARG NEW DELHI
NAGPUR
MAHARASHT
4. THE CHIEF COMMERCIAL MANAGER CENTRAL RAILWAY
2ED FLOOR NEW ADMINISTRATIVE BUILDING D.N. ROAD MUMBAI
NAGPUR
MAHARASHT
5. THE DIVISIONAL COMMERCIAL MANAGER, CENTRAL RAILWAY
KINGSWAY, NAGPUR
NAGPUR
MAHARASHT
6. THE GENERAL MANAGER CENTRAL RAILWAY
MUMBAI C.S.T.
NAGPUR
MAHARASHT
7. THE DIVISIONAL RAILWAT MANAGER
CENTRAL RAILWAY NAGPUR
NAGPUR
MAHARASHT
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MRS. Jayshree Yengal MEMBER
 
For the Appellant:
For the Respondent:
Dated : 17 Oct 2018
Final Order / Judgement

(Delivered on 17/10/2018)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.      Advocate Mr. Nitin Lambat is present for the appellant.  Adv. Ms. R.D. Zode holding for Advocate Mr.S.S. Nerkar is present for the respondent Nos. 1&2/original complainants and she filed  authority letter.  The respondent Nos. 3 to 7 are not served with notice of this appeal.

2.      However, the aforesaid  advocate of the appellant  and advocate of the respondent Nos. 1&2 jointly  filed pursis  today. It is stated  in that  pursis that  the respondent Nos. 3 to 7 (original O.P. Nos. 1 to 5 have   complied with the order passed by  the  learned District Consumer Forum, Nagpur  which is  challenged in this  appeal. It is further stated  in the said pursis  that  as the impugned  order passed by the Forum below is  duly complied  with by the  respondent Nos. 3 to 7 herein,  nothing  survives   in the present  appeal and that  the respondent Nos. 1&2 have already  withdrawn  the  execution proceeding  filed against the appellant under Section 27 of the Consumer Protection Act, 1986. Therefore, it is submitted in the said pursis that  the appeal may be disposed  of as the respondent Nos. 1&2  is not intending to pursue the matter  in dispute.

3.      The same submission   as made in the above  pursis  is made before  us by the aforesaid advocates. Thus, we are satisfied  that the dispute  has been settled and hence, the present  appeal has become  infructuous.  The appeal is therefore, disposed of in view of the aforesaid joint pursis filed by both the parties.

4.      The advocate of the appellant requested that the statutory amount of Rs. 13,000/- deposited by the appellant with the District Consumer Forum may be refunded to the appellant.  The advocate of the respondent Nos. 1&2/original complainants has given no objection for refunding the said amount to the appellant.  Hence, the District Consumer Forum shall refund the said amount to the appellant /original  O.P. No. 6 after due verification  of its own record and proper  identification  of the O.P.No. 6/appellant. Copy of order be furnished to both the parties, free of cost. 

 
 
[HON'BLE MR. B.A.SHAIKH]
PRESIDING MEMBER
 
[HON'BLE MRS. Jayshree Yengal]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.