Per Justice Shri S.B.Mhase, Hon’ble President:

This appeal has been filed challenging the order passed by District Consumer Redressal Forum, South Mumbai in consumer complaint no.309/2009 decided on 29/09/2010.  The appeal has been filed on 20/11/2010.  It was listed for admission on 15/12/2010.  On 15/12/2010 appellant was present and therefore, it was adjourned on 16/12/2010 so as to accommodate his advocate.  On 16/12/2010 also no one was present.  Even the appellant did not bother to remain present therefore; we adjourned the matter to 11/01/2011.  On 11/01/2011 when the matter was called in the morning session, appellant and his advocate were absent.  Therefore, it was kept back.  In the later session, the Commission was busy in other matter and therefore, it was adjourned to 01/02/2011.

 Thus, what we find that the appellant is only interested in keeping the matter pending.  What is important to be noted is that on filing of this appeal, the Advocate Ms.Anisha Patil has acknowledged the date fixing the case for admission.  Thus, from 15/12/2010 she has failed to attend the matter.  Therefore, we feel either the matter has been settled otherwise and/or the appellant is not interested in prosecuting the matter and/or the matter has been kept pending for some other alterior purpose.  Hence, we pass the following order:-

                                      :-ORDER-:

1.                  Appeal stands dismissed for non-prosecution.

2.                  No order as to costs.

3.                   Dictated on dais.

4.                  Copies of the order herein be furnished to the parties.

Pronounced and dictated on 1st February, 2011.