Maharashtra

Additional DCF, Nagpur

RBT/CC/679/2019

DR. KANHAIYA BADRINARAYAN CHANDAK - Complainant(s)

Versus

STEAM TECHNOLOGY - Opp.Party(s)

ADV. AVINASH KALRAIYA

23 May 2023

ORDER

ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
NAGPUR
New Administrative Building No.-1
3rd Floor, Civil Lines, Nagpur-440001
Ph.0712-2546884
 
Complaint Case No. RBT/CC/679/2019
 
1. DR. KANHAIYA BADRINARAYAN CHANDAK
C/O. LOTUS HOSPITAL & RESEARCH CENTRE, 205, SAKKARDARA POLICE STATION ROAD, NEAR TIRANGA CHOWK, NAGPUR-440009
NAGPUR
MAHARASHTRA
...........Complainant(s)
Versus
1. STEAM TECHNOLOGY
FLAT NO. 102, 1ST FLOOR, 1303, SHRI SWAMI SAMARTH APARTMENTS, ABOVE JAI SHIVSHANKAR DAIRY, PAWALE CHOWK, KASABA PETH, PUNE-411011/ B5, 2ND FLOOR, OM GANESH MARKET APT., NR. SHRIRAM DAIRY, MANIKBAUG, PUNE-411041/FLAT NO.G1, PLOT NO.15,16,17,18 NEELKAMAL SOC., BEHIND MATOSHREE HOSPITAL,G.P.BESA NAGPUR
PUNE
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MS. SMITA N. CHANDEKAR PRESIDING MEMBER
 HON'BLE MR. AVINASH V. PRABHUNE MEMBER
 
PRESENT:
 
Dated : 23 May 2023
Final Order / Judgement

Shri Avinash V Prabhune, Member

 

1        It is matter of records that Complaint was admitted on 20.01.2020 & Notices was issued to O.P. Complainant & his counsel were continuously absent since 24.02.2020 & did not take any steps to serve Notice to O.P. Complainant was directed to appear before Commission vide letter dtd 25.04.2022 issued by this Commission.

 

2.       Ld Counsel for Complainant appeared before Commission on 13.07.2022 & prayed for issuing fresh Notice to OP. Ld Counsel submitted postal tracking report on 06.10.2022 regarding service of Notice to OP but it was noticed that Notice sent to OP was returned back with postal remarks as ‘Insufficient address’. Complainant & his counsel did not take any step to serve Notice to OP thereafter & remained continuously absent on all subsequent dates i.e. on 20.10.2022, 24.11.2022, 22.12.2022, 20.01.2023, 06.03.2023, 21.03.2023 & Today also on 23.05.2023.

 

3.       It is clearly evident from above records that  ample opportunities have been given to Complainant during last three years to take steps & prosecute matter but Complainant had failed to take steps, therefore, it appears that Complainant has lost interest in the matter & does not want to prosecute the Complaint further.

 

4.       In view of the above facts & circumstances, Commission is of the firm opinion that present Consumer Complaint deserves to be dismissed for want of prosecution, hence dismissed.

 

 

ORDER,

1) Consumer Complaint is dismissed for want of prosecution.

2) No order as to Costs.

 

 

 

 
 
[HON'BLE MS. SMITA N. CHANDEKAR]
PRESIDING MEMBER
 
 
[HON'BLE MR. AVINASH V. PRABHUNE]
MEMBER
 

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