State Consumer Disputes Redressal Commission
Gurukrupa Maternity & Nursing Home vs Bhimrao S/O. Narhari Narwade on 20 October, 2010
1 R.P.23-09
STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
MUMBAI, CIRCUIT BENCH AT AURANGABAD.
Date of filing : 22.06.2009
Date of Order : 20.10.2010
REVISION PETITIO NO. 23 OF 2009
IN COMPLAINT CASE NO. 138 OF 1997
DISTRICT CONSUMER FORUM: PARBHANI
Gurukrupa Maternity & Nursing Home
Through Dr. Mrs. Ujwala w/o. Shrikant Zambre
Near Rajgopalachari Udyan,
Parbhani, Dist. Parbhani. ...Petitioner
-VERSUS-
Bhimrao s/o. Narhari Narwade
R/o. Hudco, Parbhani, Dist. Parbhani. ...Respondent
Coram : 1) Shri. S.G. Deshmukh, Hon'ble Judicial Member
2) Mrs. Uma S. Bora, Hon`ble Member
3) Shri. K. B. Gawali, Hon'ble Member.
Present: Adv. Shri. B.V. Katneshwarkar for revision petitioner.
Adv. Shri. S. K. Chavan, for respondent.
:: ORAL ORDER ::
Per Shri. S.G. Deshmukh, Hon'ble Presiding Judicial Member
1. The present revision petition has been filed by the original respondent against the order dated 02.04.2009 passed on the application filed by the respondent in complaint No. 138/97 for staying the complaint till disposal of criminal appeal bearing no. 841/2004 & 746/2004.
2. Notice was issued to the respondent. The learned counsel Shri. S. K. Chavan appeared for respondent. We heard learned counsel Shri. B. V. Katneshwarkar for the revision petitioner and Shri. S. K. Chavan for the respondent. The learned counsel Shri. Katneshwarkar submitted that, the offence was registered at Crime No. 245/96 against the present
2 R.P.23-09 petitioner, on the complaint filed by the complainant in the police station. The learned counsel submitted that the present revision petitioner had been convicted by the Session Court for the offence u/s. 304 (A) IPC and was sentenced to suffer simple imprisonment till rising of court time and to pay Rs.2,000/- in default to suffer R.I. for three months. He is also directed to pay compensation of Rs. 1,00,000/-to the legal heirs of Sunanda u/s.357 of Cr.P.C. The learned counsel further submitted that the present revision petitioner has filed the appeal bearing no. 841/2004 before High Court for quashing and setting aside the sentence. He also submitted that, the complainant also preferred the appeal through State bearing no. 746/2004 for enhancement of the sentence. The learned counsel submitted as the appeals preferred by the present revision petitioner and the respondent through State are pending before High Court. The present complaint before the District Forum is required to be stayed.
On the other hand, the learned counsel for respondent submitted that the Provisions of C. P. Act are in addition and not in derogation of the provisions of any other law for the time being in force. He submitted that there is noting illegal in the order passed by the Forum. Forum has rightly rejected the application.
3. We perused the papers and gave our anxious thoughts to the arguments advanced by both counsels. The present revision petitioner had been convicted by the Sessions Court. It also reveals that the revision petitioner has preferred the appeal against the conviction. The complainant also preferred the appeal through State for enhancement of the sentence. There can not be dispute that the provisions of Consumer Protection Act are in addition and not in derogation of the provisions of any other law for the time being in force. The Forum has rightly considered this aspect and rightly rejected the application. The Forum 3 R.P.23-09 has exercised the jurisdiction vested in it. There is nothing to show that Forum has exercised the jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. The jurisdiction in revision petition is limited. In the circumstances, we are not inclined to admit the revision petition. Revision petition is dismissed summarily. Forum is to dispose the complaint as early as possible being an old one.
K. B. Gawali Mrs. Uma S. Bora S. G. Deshmukh Member Member Presiding Judicial Member Kalyankar