Maharashtra

StateCommission

CC/00/131

MASTER SUNIL B. GUPTA, THROUGH FATHER MR. BHIM G. GUPTA, - Complainant(s)

Versus

THE MUNICIPAL COMMISSIONER BRIHANMUMBAI MUNICIPAL CORP. - Opp.Party(s)

Mr. Anand Patwardhan

18 Jan 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Complaint Case No. CC/00/131
 
1. MASTER SUNIL B. GUPTA, THROUGH FATHER MR. BHIM G. GUPTA,
THROUGH FATHER MR. BHIM G. GUPTA, SARVAJANIK SEVA SAMITI CHAWL, K.D.COMPOUND, GANDHI NAGAR, KANDIVALI(W), MUMBAI - 400 067.
Mumbai
...........Complainant(s)
Versus
1. THE MUNICIPAL COMMISSIONER BRIHANMUMBAI MUNICIPAL CORP.
BRIHANMUMBAI MUNICIPAL CORPORATION, MAHAPALIKA MARG, MUMBAI-400 001.
Mumbai
Maharashtra
2. The Superintendent, Bhagwati Hospital
S. V. Road, Borivali (W), Mumbai 400 092.
Mumbai
Maharashtra
3. The Den/Superintendent
T. N. Medical College and Nair Hospital, Bombay Central, Mumbai 400 008.
Mumbai
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:Mr. Anand Patwardhan, Advocate for the Complainant 1
 H. V. Tendolkar/D. B. Rathod/Aliya N. Pathan, Advocate for the Opp. Party 1
ORDER

Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

 

 

     This consumer complaint is filed by Master Sunil B. Gupta, a minor through his (next friend and natural guardian) father Mr.Bhim H. Gupta.  Thus this is a complaint filed by a minor – Sunil Gupta and his father Bhim H. Gupta is not the Complainant by himself.   He only represents his minor son for the purpose of minority of the Complainant.

 

     The minor Complainant – Sunil Gupta reported to be dead long back.  From the record i.e. roznama dated 11.03.2008 mentions to his death.  No legal heirs of minor Complainant – Sunil B. Gupta are brought on record as per Order XXII of Code of Civil Procedure which is applicable to the consumer complaints.  Under the circumstances, since the legal heirs are not brought on record in time, the complaint automatically stood abated.  Therefore, now to say that complaint was prosecuted by father is of no use.  We only record and confirm this abatement which ensued automatically.  Hence, the order:

 

O  R  D  E  R

 

Complaint stands dismissed as abated.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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