Maharashtra

StateCommission

RP/11/103

UNION OF INDIA - Complainant(s)

Versus

SMT SUMITRA NAGRAJ HARVE - Opp.Party(s)

A N SAMANT

16 Jan 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/11/103
(Arisen out of Order Dated 29/07/2011 in Case No. 134/2011 of District DCF, South Mumbai)
 
1. UNION OF INDIA
REPRESENTED BY GENERAL MANAGER CENTRAL RAILWAY CHIEF COMMERCIAL MANAGER CENTRAL RAILWAY CST MUMBAI
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. SMT SUMITRA NAGRAJ HARVE
R/AT C/24GHARKUL SOCIETY SIDDHARTH NAGAR LANE VAKOLA SANTACRUZ EAST MUMBAI 400055
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:A N SAMANT , Advocate for the Petitioner 1
 
Mr. Vikas Shinde, Advocate for Opponent.
......for the Respondent
ORDER

Per Mr. P.N. Kashalkar, Hon’ble Judicial Member :

          Mr. Vikas Shinde files Vakalatnama, taken on record. 

          Heard advocate Mr. Samant for the revision petitioner and advocate Shinde for respondent. We have gone through the order passed by the South Mumbai Consumer Disputes Redressal Forum, Mumbai.  The order is challenged  since Opponent proceeded exparte.  District Forum directed Complainant to adduce evidence and brief note of arguments.  It appears that District Forum has not given proper chance to  opponent to contest the matter.  Moreover, it is an exparte order and there is no signature of  member sitting with the President on that date.  Order of the District Forum should be passed by the President and two members when both of them are sitting with him together or by one member if only one member is available to sit with the President.  But it is signed only by the President of the District Forum.  This is illegality and therefore, on this ground alone, we are inclined to set aside the said order.  Hence the following order :

                                      O R D E R

          The impugned order of District Forum directing to proceed exparte is quashed and set aside.  Ld. District Forum is directed to take on record written version of the Union of India.  Both the parties are directed to appear in the District Forum on 3.2.2012.  No order as to costs.

 

Pronounced dated 16th January 2012.

 

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

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