Maharashtra

StateCommission

A/04/754

SMT. PRABHUNE S. SHAMRAO - Complainant(s)

Versus

UNIT TRUST OF INDIA FROM BRANCH MANAGER AND ORS. - Opp.Party(s)

-

14 Dec 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/04/754
(Arisen out of Order Dated 19/03/2004 in Case No. C/02/6 of District Satara)
 
1. SMT. PRABHUNE S. SHAMRAO
28, YADOGOPAL PETH, SATARA.
...........Appellant(s)
Versus
1. UNIT TRUST OF INDIA FROM BRANCH MANAGER AND ORS.
SADASHIV VILAS, 1183, A.F.C.RD, SHIVAJI NAGAR, PUNE-5.
2. BRANCH OFFICER, BANK OF BARODA,
GURUVAR PETH, NEAR SHIVSAGAR THEATRE, SATARA
SATARA
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:None present.
 
ORDER

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

 

(1)                Both parties are remaining absent in spite of intimation given by publishing notice on the notice board and on the internet as well as by sending intimation of date fixed by post on 22.09.2011.  In the circumstances, since it is a very old matter of 2006 we preferred to consider the appeal for admission in the absence of the parties.

 

(2)                The grievance is made against the dismissal of the consumer complaint as per order dated 19.03.2004 passed in Consumer Complaint No.6/2002, Smt.Prabhune Shubhada Shamrao V/s. Unit Trust of India & Anr., by the District Consumer Disputes Redressal Forum, Satara (‘the Forum’ in short).

 

(3)                The grievance pertains to not issue of C.G.G.F. certificate for which amount of `500/- by demand draft no.21798 was sent to Respondent No.1/Opponent No.1 Bharatiya Unit Trust on 17.2.1990.  The Consumer Complaint which was filed on 09.01.2002, per se, is barred by limitation and it cannot be entertained in the absence of any application for condonation of delay, which admittedly was not made.  Furthermore, it is for the Complainant to show prima-facie that said amount was received by the Unit Trust of India.   Unit Trust of India vide its letter dated 27.11.2000 had also brought to the notice of the Complainant that no such draft was received.  In the circumstances, dismissal of the consumer complaint cannot be faulted with.  We find the appeal devoid of any substance.  Holding accordingly, we pass the following order:

O  R  D  E  R

 

     Appeal is not admitted and accordingly stands rejected. 

 

Pronounced on 14th December, 2011.

 

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

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