State Consumer Disputes Redressal Commission
M/S.Gariba Construction Co. vs Malad Dipti Apartment Chs Ltd. on 27 April, 2010
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI REVISION PETITION NO. 38 OF 2010 Date of filing : 22/03/2010 IN EXE. APPL. NO. 14 OF 2008 Date of order : 27/04/2010 IN CONSUMER COMPLAINT NO. 243 OF 2006 DISTRICT CONSUMER FORUM : SOUTH MUMBAI M/s.Gariba Construction Co. Thru Shri Bimal Gariba 807, Himalaya Society, Juhu Lane, Andheri (W), Mumbai-400 058. Petitioner/org. O.P. V/s. Malad Dipti Apartment CHS Ltd. Khot Village, Mamlatdar Wadi, Road No.5, Malad (W), Mumbai 400 064. Respondent/org. complainant Quorum : Shri S.R. Khanzode, Honble Presiding Judicial Member
Mrs.S.P. Lale, Honble Member Appearance : Mr.A.V. Patwardhan, Advocate for the petitioner.
Mr.Kiran Patil, Advocate for the respondent.
-: ORAL ORDER :-
Per Shri S.R. Khanzode, Honble Presiding Judicial Member This Revision Petition is directed against the order dated 14/12/2009 whereby in an Execution Application No.14/2008 which was initiated on the basis of composite application for execution under Section 25 & 27 of Consumer Protection Act, 1986; it was directed to issue bailable warrant for Rs.20,000/- against the revisionist-Shri Bimal Gariba.
We heard Mr.A.V. Patwardhan, Advocate for the petitioner and Mr.Kiran Patil, Advocate for the respondent.
Since bailable warrant is issued to secure presence in the execution proceeding, no legal fault we find in it. In fact, if there is composite application, this Commission has already issued several directions the way it has to be proceeded with. Forum below must be aware of those things and expected to follow those directions.
Revisionist can always appear before the Forum below and participate. With these observations, finding this as a case which needs no interference. We hold accordingly and pass the following order :-
-: ORDER :-
1. Revision Petition stands dismissed.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
(S.P. Lale) (S.R. Khanzode) Member Presiding Judicial Member