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State Consumer Disputes Redressal Commission

Mr.Shyam P.Awasthi vs Daimler Financial Services India ... on 23 January, 2020

MA/19/130 IN CC/15/577                                                     1/2



     STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
                 MAHARASHTRA, MUMBAI


                     Misc.Application No.MA/19/130 IN CC/15/577



Shyam Purshottam Awasthi,
Residing at Y-904 Golden Rays Shastri Nagar
Lane 2, Lokhandwala, Andheri (West),
Mumbai 400 053                                          ...........Applicant(s)
                     Versus

1. Daimler Financial Services India Private Limited,
Having its registered address at:
Unit 202, 2nd Floor, Campus 3B,
RMZ Millennia Business Park, NO.143,
Dr.MGR Road, Perungudi,
Chennai 600 096.

2. M/s.Auto Hangar,
Having its registered address at Aston Building,
Below Sub Urban Diagnostic Center,
Shastrinagar, Near Lokhandwala Circle,
Mumbai 400 053.
                                                        .........Respondent(s)
BEFORE:
            Mr.P.B. Joshi - Presiding Judicial Member

For the             Advocate Mr.Ashish Mishra
Applicant(s):

For the             Advocate Mr.Neveille Mukherjee
Respondent(s):

                               ORAL ORDER
                                (23/01/2020)

1. Advocate Mr.Ashish Mishra is present for applicant. None present for respondent no.1. Advocate Mr.Neveille Mukherjee is present for respondent no.2.

2. Advocate for applicant has submitted that the consumer complaint was dismissed for default and that is why this application is moved for restoration of the consumer complaint. It is submitted that matter was before the Bench of Registrar. However, the order of dismissal of the complaint is on record at page 20, which reads as under:

"None is present for the complainant. Today, case is fixed for passing suitable order. Complainant failed to file affidavit of evidence. Consumer complaint is admitted by order dated 25/07/2017. Direction was given to file affidavit on 14/02/2018. The complainant remained absent and failed to file affidavit of evidence. Hence, matter is placed before the Bench for passing suitable order by the Registrar Legal. On 10/07/2017, this matter was fixed as last chance for filing affidavit of evidence. Complainant is not at all regular in attending this consumer complaint. Consumer complaint is pending since 2015. Due to non- compliance, consumer complaint is dismissed in default. No order as to costs."

So, in view of the said order the position is very clear.

3. Apart from that there is no provision under Consumer Protection Act to review the order passed by the State Commission and hence, there is no question of restoration of complaint dismissed for default by this Commission. Hence, Misc.Application for restoration of complaint is hereby rejected.

Pronounced on 23rd January, 2020.

[P.B. Joshi] Presiding Judicial Member emp