Roznama vs Roznama on 6 August, 2015

[Cites 9, Cited by 0]

State Consumer Disputes Redressal Commission

Roznama vs Roznama on 6 August, 2015

  
 
 
 
 
 
 Order-Sheet dated Thursday, August 06, 2015 (SAK+NK)





 

 



 

 Order-Sheet dated Thursday, August 06,
2015 (SAK+NK) 

 

  

 

 Common Order-Sheet in First Appeal
No.RBT/A/15/645 + First Appeal No.RBT/A/15/646 

 

  

 



 

 Statement of the Complainant in
Execution Application No.12 of 2015 as per Section-200 of Code of Criminal
Procedure 

 

  

 

 I,
Jaleshwar Singh, Age:- Adult, Having address at:- 407, Appollo Complex, R. K.
Singh Marg, Off Parsi Panchayat Road, Andheri (East), Mumbai  400069 do hereby
state on oath that  

 

  

 

 I
had filed a consumer complaint bearing No.97 of 2011 before this Commission,
which was decided in my favour on 29th April, 2014 giving several
orders more particularly stated therein.
 

 

  

 

The order was not complied with by the
Accused/Opposite Parties. In the
meantime, the Accused have filed an appeal before the Honble National Consumer
Disputes Redressal Commission. The
Honble National Commission while hearing the appeal has granted conditional
stay and on non-compliance of the conditions mentioned therein stay granted was
automatically vacated. 

 

  

 

I further state that in pursuance of
third paragraph of the operative part of the order put for execution, I had
sent a cheque to the Accused amounting to Rs.2,96,487.55ps. within a period of
four weeks from the date of order.
However, said cheque was returned by the Accused and subsequently,
within time, I have deposited that money before the Registrar of this Honble
State Commission within specified time. 

 

  

 

I further state that I have filed an
affidavit today stating that order passed by the Honble National Commission
has not been fully complied with by the Accused, more particularly, paragraph
(05) of the operative part of the order passed by this Commission since there
is a default to comply with the said order within the specified period given in
the order. Even till today, the order
has not been executed. 

 

  

 

I further state that costs imposed by
the Honble National Commission of Rs.10,000/- to be paid to me has not been
complied with fully by the Accused. I
have never received demand draft towards the costs imposed. 

 

  

 

I pray for issue of process against the
Accused since the Accused have failed to comply with the order even till today. 

 

  

 

(Jaleshwar Singh) 

 

COMPLAINANT/DECREE HOLDER  

 

   

 

BEFORE 

 

  

 

  

 

(Narendra
Kawde) (Shashikant
A. Kulkarni) 

 

 MEMBER   PRESIDING
JUDICIAL MEMBER 

 

JUDICIAL MAGISTRATE OF FIRST CLASS 

 

  

 



 

  

 
   
   
   


   
     
     
     

STATE CONSUMER DISPUTES REDRESSAL
    COMMISSION 
    
   
    
     
     

MAHARASHTRA, MUMBAI 
    
   
  
  
   

 
  
 
  
   
   

  
  
 
  
   
   
     
     
     
       
       
       

Execution Application No.EA/15/12 
      
     
      
       
       

  
      
     
    
     

 
    
   
    
     
     

  
    
   
    
     
     
       
       
       


       
         
         
         

Mr.
        Jaleshwar Singh 
        
       
      
      
       

 
      
       
       

Vs.  
      
       
       


       
         
         
         

M/s.
        Shelter Maker 
        
       
      
      
       

 
      
     
    
     

 
    
   
  
   

 
  
 
  
   
   

  
  
 
  
   
   
     
     
     

 BEFORE: 
    
     
     

Honble
    Mr. Shashikant A. Kulkarni, Presiding Judicial Member 
     

Honble
    Mr. Narendra Kawde, Member 
    
   
  
   

 
  
 
  
   
   

  
  
 
  
   
   

  
  
 
  
   
   

 Dated :
  06 AUG 2015 
  
 
  
   
   
     
     
     

 ORDER

The Complainant in person is present together with learned Adv. Baliram V. Kamble. None present for the Accused. Statement of the Complainant, as contemplated under Section-200 of Code of Criminal Procedure is not recorded so far. In the meantime, the Accused sought stay order dated 10/10/2014 from the Honble National Commission in First Appeal No.250 of 2014. It is submitted by learned advocate for the Complainant that the Accused have failed to comply with the order passed by the Honble National Commission.

The Complainant is pressing implementation of paragraph (05) of the operative part of the order, which speaks of penalty of Rs.500/- payable per day to the Complainant since the order has not been complied to obtain Occupancy Certificate within the time given. Therefore, the Complainant has computed the amount accordingly, from the date of completion of period granted for compliance of the Occupancy Certificate.

Paragraph (06) of the order has been complied as per order passed by the National Commission by depositing 50% of the amount. Since, there is a grey area of the interpretation of the order passed by the Honble National Commission, the Complainant is directed to obtain correct clarification about implementation of paragraph (05) of the order under challenge. On receiving clarification, matter to proceed.

Today, the statement of the Complainant is recorded. However, the Complainant left the premises of this Commission without signing the statement. He is permitted to sign his statement later on in our presence.

Adjourn to 08/09/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS Mention Matter STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/14/450 Mr. Subhash S. Yadav & Anr.

Vs. M/s.

City Estate Developers Ltd. & Ors.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER This complaint is not listed for hearing on todays Daily Board and it is listed for hearing before this Commission on 02/09/2015. However, as per request of learned Adv. Ajay Keshav Pawar for the Complainants, this complaint is taken up for hearing today with pre-intimation to learned Adv.

Rajeev Bafna for the Opponents Nos.2 to 4 who is present before this Commission. Today, on behalf of the Complainants, an application is moved seeking grant of an interim relief. The Complainants shall serve copies of this application to the Opponents. On behalf of the Opponents Nos.2 to 4, time is sought to file reply to this application. The Opponents are at a liberty to file their reply on the date already fixed viz. 02/09/2015.

Vs. Pranam Developers BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER This complaint is not listed for hearing on todays Daily Board and it is listed for hearing before this Commission on 11/08/2015. However, as per request of learned Adv. Amit Tungare for the Opponent, this complaint is taken up for hearing today.

Counsel for the Opponent submitted that he could not remain present before this Commission on the scheduled date i.e. 27/07/2015 to make oral submissions. On 27/07/2015, the complaint was heard and reserved for passing orders on 11/08/2015. Counsel for the Opponent wants to submit his brief notes of written arguments. He submitted that he would only on that. Subject to his sending a copy of brief notes of written arguments to Adv. Smt. Sumedha Rao for the Complainant either by hand or by post, brief notes of written arguments filed on behalf of the Opponent be taken on record. However, question of considering the same or otherwise will be dependent on the date given and subject to hearing of the Complainant. Adjourn to 11/08/2015.

Vs. Pranam Developers BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER This complaint is not listed for hearing on todays Daily Board and it is listed for hearing before this Commission on 11/08/2015. However, as per request of learned Adv. Amit Tungare for the Opponent, this complaint is taken up for hearing today.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/11/207 The New India Assurance Co. Ltd.

Vs. Shahzed Salim Hashambhai BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. H. A. Naronha for the Appellant and learned Adv. Varun Dixit for the Respondent, list this appeal for hearing on 17/11/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.RBT/A/15/645 M/s.

Patson Engineering Vs. Mr. Priyank Kumar Kiran First Appeal No.RBT/A/15/646 Shreenath Coop. Hsg. Soc. Ltd.

Vs. Mr. Priyank Kumar Kiran BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 Common Order-Sheet in First Appeal No.RBT/A/15/645 + RBT/A/15/646 As per request and convenience of learned counsel for the Appellants as well as learned counsel for the Respondent, list both these appeals for hearing on 28/10/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/14/88 Suraj Verma Vs. Haresh Dalpatram Trivedi BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Adv. A. R. Singh is present on behalf of the Appellant. It is reported that the Respondent No.1 is dead.

Adv. V. N. Abhyankar is present on behalf of the Respondent No.2. On behalf of the Appellant time is sought to take appropriate steps to bring on record the legal heirs of deceased Respondent No.1. In the interest of justice time is granted. Adjourn on 27/10/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/14/93 Vasant J. Aher Vs. Anil G. Talwatkar BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Appellant. Today, the Appellant has failed to appear before this Commission without any sufficient reason. Adv. S. S. Kondhalkar is present on behalf of the Respondent. In view of absence of the Appellant today, list this appeal on 09/09/2015 for passing further suitable orders.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/15/313 National Insurance Co. Ltd.

Vs. Dujodwala Product Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Digamber Ramchandra Thakare instructed by Adv. Smt. Sneha S. Dwivedi for the Appellant, list this appeal for hearing on admission on 16/09/2015. Today, none present for the Respondent.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/15/322 Sudhardh Construction Vs. Swaminarayan Jayraman BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Adv. Nishant T. is present on behalf of the Appellant. The Respondent in person is present. The Respondent seeks grant of time. In the interest of justice time is grated.

As per request and convenience of parties present before us, list this appeal for hearing on admission on 21/09/2015. The Appellant is hereby directed to provide one complete set of compilation of appeal memo to the Respondent forthwith.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Revision Petition No.RP/14/98 Indusind Bank Ltd.

Vs. Dayanand Lingappa Dhawaleshwar BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Adv. Pravind Rathod is present on behalf of the Petitioner. Petitioner has complied with earlier order passed by this Commission. Paper publication is taken on record. Inspite of due service of notice by paper publication, today the Respondent has failed to appear before this Commission. However, in the interest of justice list this revision petition on 01/09/2015 for appearance of the Respondent.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Revision Petition No.RP/15/03 M/s.

Painterior (India) Vs. S. G. Aggarwal & Ors.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the parties. Adjourn on 03/09/2015 for passing further suitable orders.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/04/270 City & Industrial Development Corp.

Vs. Mahadeo B. Choudhary BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Digamber Ramchandra Thakare instructed by Adv. Prakash B. Kadam for the Appellant, list this appeal for hearing on 25/08/2015. Today, none present for the Respondent.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/06/1876 United India Insurance Co. Ltd.

Vs. Sunil Dattatraya Gurav BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Counsel for the Appellant as well as counsel for the Respondent report that this appeal has already been partly heard by a Division Bench of this Commission, comprising of Honble President. Parties present before us requested to place this appeal for further hearing before the same Bench. However, same Bench is not available today. Hence, list this appeal for hearing before the same Bench on 02/09/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.RBT/FA/14/983 P. K. Radhakrishna Menon Vs. ICICI Prudential Life Insurance Co. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Adv. A. B. Ketkar is present on behalf of the Appellant. Adv. A. V. Patwardhan is present on behalf of the Respondent. Counsel for the Appellant as well as Counsel for the Respondent report that this appeal has already been partly heard by a Division Bench of this Commission, comprising of Honble President. Parties present before us requested to place this appeal for hearing before the same Bench. However, same Bench is not available today. Hence, list this appeal for hearing before the same Bench on 06/10/2015 [ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/11/967 Rehana Mushtaq Modak Vs. Asif Shaikh Mohammed Naglekar BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. K. G. Aowate for the Appellant and learned Adv. S. S. Padvekar for the Respondent, list this appeal for hearing on 05/11/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/12/873 Vilas Ramchandra Gangawane Vs. Bank of India BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Adv. Santosh A. Patil is present on behalf of the Appellant. Adv. S. Hussain is present for the Respondent.

Report from a handwriting expert is still awaited. The Appellant is permitted to deposit fresh demand draft with the Registrar (Legal) towards the fees for handwriting report. Adjourn to 17/11/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.FA/13/90 Paresh N. Parekh Vs. M/s.

Ing-Vysya Bank Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Today, the Appellant as well as counsel for the Appellant failed to appear before this Commission without any sufficient reason. Adv. Smt. Nupur Awasthi instructed by M/s. Consulta Juris is present on behalf of the Respondent. She states that previous order passed by this Commission is duly complied with. However, response is still yet awaited from the concerned party. Hence, in the interest of justice time is granted.

Adjourn on 19/11/2015 [ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.FA/13/126 Mr. Ashish V. Shah Vs. National Insurance Co. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Ganesh F. Shirke for the Appellant and learned Adv. Digamber Ramchandra Thakare instructed by Adv. Smt. Sneha S. Dwivedi for the Respondent, time is granted to the parties to explore the possibility of amicable settlement of dispute between the parties outside the Commission.

List this appeal on 02/09/2015 for reporting Consent Terms.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/14/202 The New India Assurance Co. Ltd.

Vs. Sushila D. Handa BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Digamber Ramchandra Thakare instructed by Adv. Smt. Sneha S. Dwivedi for the Appellant, list this appeal for hearing on admission on 02/09/2015. Today, none present for the Respondent.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/14/203 The New India Assurance Co. Ltd.

Vs. Smt. Madhu Hasmukh Mehta & Ors.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Digamber Ramchandra Thakare instructed by Adv. Smt. Sneha S. Dwivedi for the Appellant, list this appeal for hearing on admission on 02/09/2015. Today, none present for the Respondent.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.A/14/536 Padmanabhan Iyer Vs. Devi Construction Co.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of the Appellant in person and learned Adv. Harish Kumbhar for the Respondent, list this appeal for hearing before Circuit Bench at Pune on 14/10/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.FA/13/253 Dagdu H. Asabe Vs. The New India Assurance Co. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Counsel for the Appellant as well as counsel for the Respondent report that this appeal has already been partly heard by a Division Bench of this Commission, comprising of Honble President. Parties present before us requested to place this appeal for further hearing before the same Bench. However, same Bench is not available today. Hence, list this appeal for hearing before the same Bench on 02/09/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI First Appeal No.FA/13/298 Shri S. S. Sangle Vs. The Div. Manager, Royal Sundaram Alliance Insurance Co. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Counsel for the Appellant as well as counsel for the Respondent report that this appeal has already been partly heard by a Division Bench of this Commission, comprising of Honble President. Parties present before us requested to place this appeal for further hearing before the same Bench. However, same Bench is not available today. Hence, list this appeal for hearing before the same Bench on 02/09/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/15/518 Nandkishor Pawaskar Vs. Hinduja Hospital & Ors.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER We have heard learned Adv. Dr. S. A. Karandikar on behalf of the Complainant.

We have also perused the material placed on record. Issue notice before admission returnable on 22/09/2015 to the Opponents through this Commission by speed post with acknowledgment due at the cost of the Complainant.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/15/526 M/s.

Kanta Cars Vs. M/s.

Mark 1 Packaging Systems Pvt. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Anand Palande for the Complainant, list this complaint for hearing on admission on 07/09/2015. On the next date, the Complainant shall satisfy this Commission as to how the Complainant is a consumer within the meaning of Section-2(1)(d) of the Consumer Protection Act, 1986.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Miscellaneous Application No.MA/15/366 in First Appeal No.A/15/811 Karuna Hospital Vs. Mrs. Neelam G. Rejani BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER We have heard learned Adv. Ranjit Joshi on behalf of the Applicant/Appellant.

We have also perused the material placed on record. Issue notice returnable on 17/11/2015 on the delay condonation application to the Non-Applicant/Respondent through this Commission by speed post with acknowledgment due at the cost of the Applicant/Appellant.

Vijay & Company Vs. Vrindavandham B Bldg. CHS Ltd. & Ors.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER We have heard learned Adv. Digamber Ramchandra Thakare on behalf of the Applicant/Appellant. We have also perused the material placed on record. Issue notice returnable on 17/11/2015 on the delay condonation application to the Non-Applicant/Respondent through this Commission by speed post with acknowledgment due at the cost of the Applicant/Appellant.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Execution Application No.EA/13/16 Sarita S. Nevge Vs. Mahatma Gandhi Memorial Hospital BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Mr. Rahul Nevge is present on behalf of the Executant/Decree-Holder.

Adv. Rajesh Ved is present on behalf of the Respondent/Judgment-Debtor. Parties present before us seek grant of time to explore the possibility of amicable settlement of dispute between the parties outside the Commission. Hence, in the interest of justice time is granted. Adjourn to 22/09/2015 for reporting Consent Terms.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Execution Application No.EA/15/05 Gajanan Electricals Vs. The New India Assurance Co. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Executant/Decree-Holder. Adv. Asim S. Vidyarthi is present on behalf of the Respondent/Judgment-Debtor.

Today, he filed reply of the Respondent/Judgment-Debtor. He undertakes to serve a copy thereof to the Executant/Decree-Holder. Adjourn on 22/09/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Execution Application No.EA/14/01 Gajanan Electricals Vs. The New India Assurance Co. Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Complainant. Adv. Asim S. Vidyarthi is present on behalf of the Accused.

He filed an application on behalf of the Accused seeking grant of exemption from personal appearance. Exemption is granted only for today. Adjourn on 22/09/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Execution Application No.EA/13/02 Ameet A. Israni Vs. Bhumiraj Constructions BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Complainant. Adv. Sahil Saiyed instructed by Wadia Ghandy & Company is present on behalf of the Accused. Operation of order put for execution is stayed by the Honble National Commission. Hence, list case on 12/10/2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Execution Application No.EA/13/16 Mr. Nallepalli S. Chandramouli Vs. Trimurti Developers & Builders BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER The Complainant in person is present. The Accused in person is present together with Adv. Vijaykumar Aggarwal. Both parties seek grant of time to explore the possibility of amicable settlement of dispute between the parties outside the Commission.

In the interest of justice time is granted. Adjourn on 07/10/2015.

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER The Complainant in person is present together with Adv. Smt. Sukruta A. Chimalkar. Adv. Anand V. Patwardhan together with Adv. Ajay Keshav Pawar is present on behalf of the Accused. The Accused in person is not present. On behalf of the Accused an application is moved seeking grant of exemption from personal appearance on the ground of ill-health of the Accused.

Application is allowed and exemption is granted only for today. Witness Mr. Sunil Menon is not present today. It is stated by the Complainant that cross-examination of the witness has not yet begun. With a view to have clarification of the record, we observe that witness shall positively remain present before this Commission for cross-examination on the next date without fail and failing which, his entire evidence will be kept out of consideration. Adjourn to 27/08/2015 for cross-examination of Mr. Sunil Menon, the witness of the Accused and for any other witness that he wants to examine as a final chance.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER We have heard learned Adv. Dipesh Siroya on behalf of the Complainant and learned Adv. S. Hussain on behalf of the Opponents Nos.1 and 2 on the point of admission of this complaint. Today, the Opponent No.3 failed to appear before this Commission without any sufficient reason. Now, the complaint stands reserved for orders on admission on 07/08/2015.

Aai Constructions & Ors.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Sukumar Ghanwat instructed by Adv. Makarand Kale for the Complainant, list this complaint on 24/09/2015. Today, none present for the Opponent. Adjourn for hearing on admission.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/15/40 Shreepad P. Khambete Vs. Nirmal Group of Companies BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Complainant.

Today, the Complainant has failed to appear before this Commission without any sufficient reason. Adv. Subhash Dhadge is present on behalf of the Opponent. In view of absence of the Complainant today, list this complaint on 22/09/2015 either for hearing on admission or for passing further suitable order.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/15/177 Rajendra G. Mulay Vs. Riddhi Siddhi Developers BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Complainant.

Today, the Complainant has failed to appear before this Commission without any sufficient reason. Adv. Smt. Sandhya Mailagir is present on behalf of the Opponent. In view of absence of the Complainant today, list this complaint on 23/09/2015 either for hearing on admission or for passing further suitable order.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/15/182 Dilip Kumar Jayaswal Vs. Housing Dev. & Infrastructure Ltd.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Mr. Jayaswal, the Complainants father and authorized representative, in person is present. Adv. Ajay Keshav Pawar is present on behalf of the Opponent. Today, the Complainant has filed affidavit of evidence. The Complainant shall serve a copy thereof to the Opponent. Today, the Opponent is not ready with affidavit of seeks grant of time for filing the same. In the interest of justice time is granted to the Opponent by way of a last chance and now, the complaint stands adjourned to 29/10/2015 for filing affidavit of evidence by the Opponent on providing a copy thereof to the Complainant beforehand at-least a fortnight prior to the next date of hearing and the Complainant may choose to file counter-affidavit, if any.

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER None present for the Complainant.

Today, the Complainant has failed to appear before this Commission without any sufficient reason. Adv. Vivek Jalan is present on behalf of the Opponent. In view of absence of the Complainant today, list this complaint on 12/10/2015 either for hearing on admission or for passing further suitable order. Counsel for the Opponent undertakes to send a copy of preliminary objections filed today to the Complainant forthwith.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/15/242 Classic Marble Vs. Export Credit Guarantee Corp.

BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER One advocate, who did not disclose his name, appeared on behalf of the Complainant. He stated that he has appeared in this matter on the instructions of Adv. D. P. Guchiya for the Complainant. He seeks grant of time on the ground that as Adv. D. P. Guchiya for the Complainant is in personal difficulty, he cannot attend this Commission today.

None present for the Opponent. Considering personal difficulty of an advocate, in the interest of justice time is granted to the Complainant by way of a last chance. List this complaint for hearing on admission on 14/10/2015.

Vs. Jethalal P. Sarla BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Dipesh Siroya for the Complainant and learned Adv. G. R. Patira for the Opponent, list this complaint for hearing on admission on 13/10/2015. Today, time is granted by way of a last chance.

Dharap Associates Vs. Mrs. Dipali Sanjay Kalburge BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER Adv. Smt. Ashwini Purav is present on behalf of the Applicant/Appellant.

Adv. Rupesh D. Sohoni is present on behalf of the Non-Applicant/Respondent. Today, the Non-Applicant/Respondent has filed a reply to the application for condonation of delay. The Non-Applicant/Respondent shall supply a copy thereof to the Applicant/Appellant. As per request and convenience of parties present before us, list this case for hearing on application for condonation of delay on 29/09/2015.

Later on a request was made on behalf of the Applicant/Appellant by Adv. Smt. Ashwini Purav to change the date of this case from 29/09/2015 to 29/10/2015. However, at present, Non-Applicant/Respondent is not before us. As the date fixed is inconvenient for the Applicant/Appellant, on the next date, request made by Adv. Smt. Ashwini Purav may be considered and the case may be fixed in the month of Octo-2015.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.RBT/CC/13/26 Vidya Vinod Gade Vs. M/s.

Kalana Builders BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. S. S. Kondhalkar for the Complainant, list this case on 29/09/2015 for hearing on amendment application.

Today, none present for the Opponent.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA, MUMBAI Consumer Complaint No.CC/13/282 Anil Hari Keny & Anr.

Vs. M/s.

Milan Builders & Developers BEFORE:

Honble Mr. Shashikant A. Kulkarni, Presiding Judicial Member Honble Mr. Narendra Kawde, Member Dated :

06 AUG 2015 ORDER As per request and convenience of learned Adv. Dharmesh Desai instructed by Adv. Harish Lulia for the Complainant list this complaint on 17/11/2015. Today, on behalf of the Complainant, brief notes of written arguments are filed.

Today, the Opponent failed to appear before this Commission without any sufficient reason.

[ Shashikant A. Kulkarni] PRESIDING JUDICIAL MEMBER [Narendra Kawde] MEMBER KVS

Legal Document View

Unlock Advanced Research with PRISMAI

State Consumer Disputes Redressal Commission

Roznama vs Roznama on 6 August, 2015