Circuit Bench Nagpur

StateCommission

A/17/474

ORIENTAL BANK OF COMMERCE - Complainant(s)

Versus

SURENDRA S/O JANGALUJI KHARBADE - Opp.Party(s)

ADV.M.Y.WADODKAR

12 Dec 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/17/474
(Arisen out of Order Dated 28/08/2015 in Case No. CC/67/2014 of District Nagpur)
 
1. ORIENTAL BANK OF COMMERCE
KINGSWAY BRANCH, THROUGH ITS ASSISTANT GENERAL MANAGER, NAGPUR
NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. SURENDRA S/O JANGALUJI KHARBADE
R/O. B-9, PARK VIEW APARTMENT, NEAR K.C.PARK POST OFFICE, NAGPUR
NAGPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER
 HON'BLE MRS. Jayshree Yengal MEMBER
 
For the Appellant:
For the Respondent:
Dated : 12 Dec 2017
Final Order / Judgement

(Passed on 12/12/2017)

          None is present for appellant. Perusal of the record and proceedings of the appeal shows that the appeal was filed as back as  on 8/2/2016. The Registrar (Legal) of this Commission recorded objections. One of the objection is that the receipt about deposit of statutory amount is not filed by the appellant as required for filing of appeal. The appellant’s advocate also noted the said objection under his own signature on 26/7/2017 and assured to remove the same within three days but it was not removed by him.  Notice was therefore issued on 9/10/2017 to the appellant to remove  office objection within 15 days  and it was made clear that  in case of default, the appeal will be placed before the Circuit Bench for order. The said notice has been duly served to the appellant as seen from the acknowledgment received duly signed by the appellant. Moreover this Commission also separately displayed a notice dated 30/10/2017 on notice board of this Commission calling upon the concerned parties and therefore advocate to remove office objection within 15 days. The said objections are   not still removed as seen from the report dated 27/11/2017 of the Registrar (Legal) filed on record. We thus find that neither objections are   removed as above nor the appellant appeared before this Commission despite service of notice.  Hence the appeal deserves to be dismissed in default.  Hence appeal is dismissed in default. 

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

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