State Consumer Disputes Redressal Commission
M/S. Suresh Enterprises Builders And ... vs Mrs. Chitra S. Shetty on 13 October, 2015
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
First Appeal No. A/00/170
(Arisen out of Order Dated 31/07/1999 in Case No. CC/96/173 of
District Forum, Thane)
M/S. SURESH ENTERPRISES,
BUILDERS & DEVELOPERS,
THROUGH
MANAGER/PARTNER,
SHRI VALJI SANGAR,
HAVING OFFICE AT:-
407, POORNIMA,
SHRIKHANDEWADI,
DOMBIVALI (EAST)
THANE - 421 201. ...........Appellant/s
Versus
MRS. CHITRA S. SHETTY,
R/AT:- FLAT NO.102/103,
FIRST FLOOR,
KRISHNA ASHIRVAD BUILDING,
SHRIKHANDEWADI,
DOMBIVALI (EAST)
THANE - 421 201. ...........Respondent/s
First Appeal No. A/00/171 (Arisen out of Order Dated 31/07/1999 in Case No. CC/96/197 of District Forum, Thane) M/S. SURESH ENTERPRISES, BUILDERS & DEVELOPERS, THROUGH MANAGER/PARTNER, SHRI VALJI SANGAR, HAVING OFFICE AT:-
407, POORNIMA, SHRIKHANDEWADI, DOMBIVALI (EAST) THANE - 421 201. ...........Appellant/s Versus A/00/170+A/00/171+A/00/172 2/3 MRS. VAISHALI SUDHAKAR CHOUDHARI, FLAT NO.204, 02ND FLOOR, KRISHNA ASHIRVAD BUILDING, SHRIKHANDEWADI, DOMBIVALI (EAST) THANE - 421 201. ...........Respondent/s First Appeal No. A/00/172 (Arisen out of Order Dated 31/07/1999 in Case No. CC/96/198 of District Forum, Thane) M/S. SURESH ENTERPRISES, BUILDERS & DEVELOPERS, THROUGH MANAGER/PARTNER, SHRI VALJI SANGAR, HAVING OFFICE AT:-
407, POORNIMA, SHRIKHANDEWADI, DOMBIVALI (EAST) THANE - 421 201. ...........Appellant/s Versus MRS. LEENA PRAVIN KALAMKAR, R/AT:- FLAT NO.101, FIRST FLOOR, KRISHNA ASHIRVAD BUILDING, SHRIKHANDEWADI, DOMBIVALI (EAST) THANE - 421 201. ...........Respondent/s BEFORE: HON'BLE MR. P. B. JOSHI, PRESIDING JUDICIAL MEMBER HON'BLE MR. DHANRAJ KHAMATKAR, MEMBER ORAL ORDER Per - Hon'ble Mr. P. B. Joshi, Presiding Judicial Member These three appeals were lying in the sine-die list. Thereafter, these appeals were taken out from sine-die list and notices intimating today's date fixed for hearing were issued to both the parties to the appeal proceeding through State Commission by RPAD at the instance of the A/00/170+A/00/171+A/00/172 3/3 Commission. Notices issued to the Appellants are returned unserved with postal endorsement - 'Intimation Delivered. Unclaimed'. We have verified from the record that notice was sent to the Appellant on the address mentioned in the memorandum of appeal. Thus, the notice issued by this Commission is presumed to have been duly served to the Appellant. However, inspite of due service of notice issued by this Commission, today the Appellant has failed to appear before this Commission even on second call. It appears that the Appellant has lost interest in further prosecution of these appeals. In First Appeal No.A/00/170, Mr. Dinesh Patil, power-of-attorney holder is present on behalf of the Respondent. In First Appeal No.A/00/171, Mr. Sudhakar Choudhari is present on behalf of the Respondent. In First Appeal No.A/00/172, none present for the Respondent. These are old appeals pending with this Commission since the year 2000. It is not desirable to prolong the old appeals. Hence, these three appeals stand dismissed in default for want of prosecution. In the circumstances of the case the parties shall bear their own costs.
Pronounced and dictated on 13th October, 2015 [P. B. JOSHI] PRESIDING JUDICIAL MEMBER [DHANRAJ KHAMATKAR] MEMBER KVS