State Consumer Disputes Redressal Commission
Mr Kishor Narayan Patankar & Ors vs G. H. P. Corporation & Ors on 7 October, 2013
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
Revision
Petition No. RP/12/67
(Arisen out
of Order Dated 27/03/2012 in Case No. 419/11 of District
Mumbai(Suburban))
1.MR KISHOR NARAYAN PATANKAR FLAT NO 604, PHULORA CHS, NEAR IIT, MAIN GATE POWAI MUMBAI 400076
2. MRS USHA NARAYAN PATANKAR FLAT NO 601, PHULORA CHS NEAR IIT MAIN GATE POWAI MUMBAI 400076
3. MR R SETURAMAN FLAT NO 402, PHULORA CHS NEAR IIT MAIN GATE POWAI MUMBAI 400076
4. MRS MANIBEN GALA FLAT NO 703, PHULORA CHS NEAR IIT MAIN GATE POWAI, MUMBAI
5. MR. NAVIN M DEDHIA FLAT NO 203, PHULORA CHS, NEAR IIT MAIN GATE POWAI MUMBAI 400076
6. MRS M M BAGYATKAR FLAT NO 704, PHULORA CHS NEAR IIT MAIN GATE POWAI MUMBAI 400076
7. MR NIXON P JONNY FLAT NO 803, PHULORA CHS NEAR IIT MAIN GATE POWAI MUMBAI 400076
8. MR BABU Z KUDALKAR FLAT NO 501, PHULORA CHS NEAR IIT MAIN GATE POWAI MUMBAI 400076 ...........Appellant(s) Versus
1. G. H. P. CORPORATION 3RDFLOOR, MILLENIUM TOWER,NEAR I.O.C.PETROL PUMP,POWAI,MUMBAI-400076
2. PHULORA CHS LTD.
NEAR IIT MAIN GATE POWAI MUMBAI 400076
3. MR.PRADIP KILPADI FLAT NO.201,PHULORA CHS,NEAR I.I.T. MAIN GATE,POWAI,MUMBAI-400076
4. MR.NANDANKUMAR BASU FLAT NO.204,PHULORA CHS,NEAR I.I.T. MAIN GATE, POWAI,MUMBAI-400076
5. MR.SUDHIR GOKARN FLAT NO.202,PHULORA CHS,NEAR I.I.T. MAIN GATE,POWAI,MUMBAI-400076 ...........Respondent(s) BEFORE:
HON'ABLE MR. JUSTICE R.C.Chavan PRESIDENT HON'ABLE MR. Dhanraj Khamatkar Member PRESENT:
Mr.S.A.Oak-Advocate for the revision petitioner None for the respondents ORDER Per Honble Mr.Justice R.C.Chavan, President Heard Mr.S.A.Oak-Advocate for the revision petitioner. None for the respondent. There is service affidavit filed by the revision petitioner. It appears that the postal envelope sent by the revisionist has been duly delivered to respondent no.5-Mr.Sudhir Gokarn on 01/10/2013. Service is held as proper. We have taken up the revision for hearing forthwith since it involves a small question.
This revision questions the order passed by the Additional District Forum, Mumbai Suburban District on 27/03/2012 in consumer complaint no.CC/11/419, whereby the forum admitted the complaint against respondent nos.1 to 4, without giving any reasons as to why complaint against respondent no.5 was not admitted. Since the order does not disclose any reason and since there are averments in the complaint against respondent no.5 also, the order would have to be set aside. Revision petition is therefore allowed.
Impugned order dated 27/03/2012, in so far as it refuses to admit complaint against respondent no.5 is set aside. Forum shall decide the question as to why respondent no.5 need not be joined again and pass a reasoned order.
Pronounced on 7th October, 2013.
[HON'ABLE MR.
JUSTICE R.C.Chavan] PRESIDENT [HON'ABLE MR.
Dhanraj Khamatkar] Member Ms.