NCDRC

NCDRC

RP/1107/2012

M/S. INDIA BULLS CREDIT SERVICES LTD. (NOW INDIA BULLS FINANCIAL SERVICES LTD.) - Complainant(s)

Versus

SURESH GOPAL GORE - Opp.Party(s)

MR. ANAND V. KHATRI, SANJEEV NIRWANI & HARMESH KUMAR

11 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1107 OF 2012
 
(Against the Order dated 23/01/2012 in Appeal No. 730/2009 of the State Commission Maharastra)
1. M/S. INDIA BULLS CREDIT SERVICES LTD. (NOW INDIA BULLS FINANCIAL SERVICES LTD.)
Indiabulls House 448-451,Udyog Vihar, Phase-V
Gurgaon - 122 001
Haryana
...........Petitioner(s)
Versus 
1. SURESH GOPAL GORE
6 Mahadeo Apartments,Indira Nagari,Kamatwade Road
Nasik - 422 001
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Sanjeev Nirvani, Advocate
For the Respondent :NEMO

Dated : 11 Apr 2012
ORDER

Aggrieved by the order dated 23.01.2012 passed by the Maharashtra State Consumer Disputes Redressal Commission (for short he State Commission in FA No. A/09/730, the petitioner has filed the present petition. The petitioner remained unrepresented on record after receipt of notice on complaint and therefore, it was proceeded exparte and an exparte order came to be passed. The order was challenged by the petitioner in appeal on the ground that notice on the complaint was not served on the petitioner. The State Commission has dealt with that aspect in detail by making following observations:- his complaint was decided ex-parte and after receipt of ex-parte order sent by the respondent, appellant has filed this appeal belatedly. But delay has been condoned and hence we are disposing of this appeal on merits. We are finding that despite service of notice, which has been clearly proved from the certified copy produced before us by the respondent, appellant remained absent and, therefore, there was no option for the District Consumer Disputes Redressal Forum but to proceed ex-parte against appellant, who was original opponent and ex-parte award came to be passed. Said order cannot be challenged on any ground since we are satisfied with the appellant herein was duly served with the notice issued by the District Consumer Disputes Redressal Forum. It was properly addressed and it was having acknowledgement receipt duly received by the appellant company. There is also stamp of the appellant company of Nasik Office. In the circumstances, we are finding no substance in the appeal. Hence the following order:- Appeal stands dismissed. 2. In view of the above observations and finding of the State Commission, we are not prepared to believe the petitioner when he says that it had not received the notice on complaint and, therefore, have no opportunity to defend the complaint. 3. Counsel further submits that the compensation awarded is excessive. We also do not agree with the said contention. We see no illegality, material irregularity, much less any jurisdictional error in the impugned order passed by the State Commission, which calls for any interference of this Commission. Dismissed.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
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.