State Consumer Disputes Redressal Commission
Suresh Sopanrao Ghumanwad vs Govind Hariba Hajare on 26 March, 2018
1 R.P.No.:4 & 5/2018
Date of filing :13.03.2018
Date of order :26.03.2018
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
REVISION PETITION NOS. :04 & 05 OF 2018
IN COMPLAINT CASE NO.: 179 & 178 OF 2017
DISTRICT CONSUMER FORUM :LATUR.
1. Suresh Sopanrao Ghumanwad,
R/o Flat No.2, Vikram Apartment, 1st floor,
Akshay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur.
2. Kantrao Prahladrao Pole,
R/o Flat No.5, Vikram Apartment, 2nd floor,
Akashay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur.
3. Janardhan Marutirao Walsane,
R/o Flat No.3, Vikram Apartment, 1st floor,
Akashay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur. ...REVISION
PETITIONERS
VERSUS
1. i) Govind Hariba Hajare,
R/o Flat No.4, Vikram Apartment, 2nd floor,
Akashay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur.
ii) M/s Vikram Builders & Developers,
Prop.Sangnath Jagannath Narhare,
R/o Post Umbadga (Kd), Tq.Ausa,
Dist.Latur.
iii) Ganesh Nilkanthrao Dhumal,
R/o Flat No.7, Vikram Apartment, 3rd floor,
Akashay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur. ...RESPONDENTS
( In R.P.No.4/2018)
2 R.P.No.:4 & 5/2018
2. i) Vijaykumar Ramlingappa Kurle,
R/o Flat No.1, Vikram Apartment, Ground floor,
Akashay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur.
ii) M/s Vikram Builders & Developers,
Prop.Sangnath Jagannath Narhare,
R/o Post Umbadga (Kd), Tq.Ausa,
Dist.Latur.
iii) Ganesh Nilkanthrao Dhumal,
R/o Flat No.7, Vikram Apartment, 3rd floor,
Akashay Nagar, Old Ausa Road,
Latur, Tq. Dist.Latur. ...RESPONDENTS
( In R.P.No.5/2018)
CORAM : Mr.K.B.Gawali, Hon`ble Presiding Member.
Present : Adv.Mr.M.D.Ingle for petitioners.
O R A L JUDGMENT (Delivered on 28th March of 2018) Per Mr.K.B.Gawali, Hon`ble Presiding Member.
1. Adv.M.D.Ingle for the revision petitioners is present. Heard him on both the petitions and perused the record. It appears that both these revision petitions are directed against the separate impugned order of the same date i.e. 19.1.2018 whereby "No W.S." is passed against the revision petitioners. The revision petitioners in both the petitions being the same it is decided to dispose of both these petitions by a common judgment and order. It is further decided to dispose of these petitions finally at the stage of admission without issuing notice to other side considering the nature and urgency of the matters.
2. Brief facts of the petitioner's case are that , one Shri.Govind Hariba Hazare has filed a consumer complaint bearing No.179/2017 before the Dist.Consumer Forum Latur, in which case the petitioners are made opponent No.3 to 5. The petitioners have also filed copies of daily proceedings as conducted by learned Dist.Consumer Forum. As per the said proceedings it reveals that the petitioners had appeared 3 R.P.No.:4 & 5/2018 through counsel before Dist.Consumer Forum for the first time on 14.11.2017 and on their application these petitioners along with other two opponents sought time for filing of written version. Accordingly time was granted for filing written version up to 4.12.2017. Thereafter on 4.12.2017 time was extended up to 29.12.2017. But the present petitioners could not file written version within the said time limit and therefore on 19.1.2018 the present order of " No W.S." was passed against them.
3. Adv.Shri.Ingle further submitted that on 19.1.2018 advocate of petitioners had prepared the written version and was ready for filing of the same. But the petitioners all of a sudden had to go out of station for attending funeral of relative and when they returned back at 4.10 p.m. on that date, the learned Dist.Consumer Forum did not accept the written version.
4. It reveals that though the learned Dist.Consumer Forum had given sufficient time for filing of written version due to unavoidable circumstances i.e. the petitioners were required to attend the funeral of relative and therefore were unable to file their written version on that date in respect of both the complaints. Therefore considering the circumstances behind the failure of the petitioners to file written version in time, I am inclined to allow these petitions by imposing reasonable cost in order to provide opportunity to the petitioner in respect of both the petitions to contest the complaints, so that the complaints before the Forum can be decided on merit. Hence the following order.
O R D E R
1. Both revision petitions are allowed and impugned orders dated 19.1.2018 in respect of both the complaints i.e. 178/17, 179/17 are set aside subject to deposit of cost of Rs.2000/- in 4 R.P.No.:4 & 5/2018 respect of each petitions separately in the ""Legal Aid Account"
of this Commission within a period of one week from today.
2. The learned Dist.Consumer Forum is directed to allow the petitioners in respect of both the complaints to file their written version and to contest the complaint.
3. Accordingly both these petitions are disposed off.
4. Copies of the judgment be supplied to both the parties.
Sd/-
K.B.Gawali Presiding Member Mane