State Consumer Disputes Redressal Commission
Tiger Tobacco Co., Jaysingpur vs Shri Trimurti Nagari Shari Patsantha ... on 6 December, 2012
A-253-2011
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
First Appeal No. A/11/253
(Arisen out of Order Dated 30/12/2011 in Case
No. EA/08/368 of District Kolhapur)
1.TIGER TOBACCO CO., JAYSINGPUR, PROP.SHRI RAJKUMAR NARAYANDAS BALDAWA, 6 TH LANE PARISHRAM BUILDING, DENA CORNER JAYSINGPUR TALUKA ,SHIROL, DIST.KOLHAPUR MAHARASHTRA ...........Appellant(s) Versus
1. SHRI TRIMURTI NAGARI SHARI PATSANTHA MARYADIT 12 TH LANE JAYSINGPUR TALUKA SHIROL KOLHAPUR MAHARASHTRA
2. SHRI. BALASAHEB ALIAS YASHVANTRAO DADASO BHANDIGIRE CHAIRMAN AT & P.O.AJINKYATARA HOUSING SOCIETY, JAYSINGPUR
3. SHRI. RAJAN ALIAS VIJAY MALLAPPA WALE,DIRECTOR VIBBUTE HOUSING SOCIETY,A/P. JAYSINGPUR
4. SMT. SUCHALADEVI NANDKISHOR DESHPANDE,DIRECTOR VIBBUTE HOUSING SOCIETY, A/P,JAYSINGPUR
5. SHRI. RANGRAO YASHVANT PATIL,DIRECTOR SHAHUNAGAR, A/P.JAYSINGPUR
6. SHRI. DHANANJAY BAPUSO KADE SHRI. DATTA HOUSING SOCIETY, JAYSINGPUR
7. SHRI. SANJAY NARENDRA PATIL, DECCAN POLYMERS, KOLHAPUR ROAD, JAYSINGPUR
8. SOU. SHAKUNTALA MEGHRAJ BALDAVA 8TH LANE, ANAD ROAD, JAYSINGPUR
9. SHRI. SHANKAR YAMNAPPA KALKUTAGI NANDANI ROAD, 12TH LANE, JAYSINGPUR
10. SHRI. RAMESH VISHWANATH KHASNIS VIBHUTE HOUSING SOCIETY,JAYSINGPUR
11. SHRI. SURESH BHAURAO ARAGE PLOT NO. 63, DADA KACHARE HSG. SOCIETY, JAYSINGPUR
12. SHRI. KISHOR ANANDA THOMKE MANDLIK VASAHAT, TULSI GAS AGENCY, KOLHAPUR
13. SHRI. BALASO DATTATRAY A SHINDE,MANAGER 12TH JAYSINGPUR
14. SHRI. MARUTRAO GOVIND KURADE DATTA COLONY, JAYSINGPUR
15. SHRI. VIJAY GANGARAM DAINGADE KACHARE HSG.
SOCIETY, JAYSINGPUR ...........Respondent(s) BEFORE:
HON'BLE Mr. S.R. Khanzode PRESIDING MEMBER HON'BLE MR. Dhanraj Khamatkar Member HON'BLE MR. Narendra Kawde MEMBER PRESENT:
Mr.D.D. Magdum, Advocate for the Appellant.
Mr.R.R. Wayangankar, Advocate for the Respondent Nos.1,2,5,10,12 & 15.
O R D E R Per Shri S.R. Khanzode Honble Presiding Judicial Member:(1)
Heard parties present on admission. This is an appeal under Section 27-A of the Consumer Protection Act, 1986 (the Act in short). This appeal takes an exception to the dismissal of the execution application filed under section 27 of the Act, by an order dated 30.12.2010, bearing No.EA/08/368, Rajkumar Narayandas Baldawa V/s. Trimurti Nagari Sah. Pat Sanstha and passed by the District Consumer Disputes Redressal Forum, Kolhapur (the Forum in short). It may be pointed out that Executant/Complainant Rajkumar Narayandas Baldawa is a proprietor of Tiger Tobacco Co. and while filing this appeal the description is made suitable to it.(2)
We find that the execution under section 27 of the Act stood dismissed since the Appellant/Complainant himself was absent. As such, dismissal is as per Section 256(1) of Code of Criminal Procedure 1973 r/w section 262(2) of Code of Criminal Procedure 1973 r/w Section 27(3) of the Act. Since the Appellant/Complainant was absent, the dismissal of execution application cannot be faulted with and thus, the appeal is devoid of substance.(3)
For the reasons stated above, we pass the following order:
O R D E R Appeal is not admitted and stands dismissed accordingly.
No order as to costs.
Pronounced on 6th December, 2012.
[HON'BLE Mr. S.R. Khanzode] PRESIDING MEMBER [HON'BLE MR. Dhanraj Khamatkar] Member [HON'BLE MR. Narendra Kawde] MEMBER ep