Indian Kanoon - Search engine for Indian Law

State Consumer Disputes Redressal Commission

Sigma Motors, vs Bhaginath Kachru Gande And Others on 13 December, 2013

                                     1                F.A.No. :117 to 155/2011




                               Date of filing:27.12.2010
                               Date of order:13.12.2013
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MUMBAI, CIRCUIT BENCH AT AURANGABAD.

FIRST APPEAL NO.: 117 TO 155 OF 2011
IN COMPLAINT CASE NO. :193 TO 204, 298, 299 & 331 TO 355 OF 2009
DISTRICT FORUM : AURANGABAD.

Sigma Motors,
Through Mahesh Meghraj Jetwani,
R/o Chatrapati Society, 3rd Floor,
Kopri Colony,
Thane.                                   ...APPELLANT


VERSUS


1.

F.A.No.117 OF 2011 IN C.C.NO. 193/2009

i) Bhaginath Kachru Gande, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

2. F.A.No.118 OF 2011 IN C.C.NO. 194/2009

i) Krushna Kautikarao Lokhande, 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

3. F.A.No.119 OF 2011 IN C.C.NO. 195/2009

i) Balasaheb Bhikan Borde, 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

4. F.A.No.120 OF 2011 IN C.C.NO. 196/2009

i) Balu Jagannath Gande, 2 F.A.No. :117 to 155/2011 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

5. F.A.No.121 OF 2011 IN C.C.NO. 197/2009

i) Parmeshwar Tukaram Suryawanshi, E-6/13,Sambhaji Nagar, N-6, Cidco, Aurangabad.

ii) Deleted.

6. F.A.No.122 OF 2011 IN C.C.NO. 198/2009

i) Krushnatai Arun Ugale, 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

7. F.A.No.123 OF 2011 IN C.C.NO. 199/2009

i) Renuka Bhagwan Joshi, H.No.14,Vishnu Nagar, Aurangabad.

ii) Deleted.

8. F.A.No.124 OF 2011 IN C.C.NO. 200/2009

i) Shameem Sultana, Citizen Hotel, Roshan Gate, Aurangabad.

ii) Deleted.

9. F.A.No.125 OF 2011 IN C.C.NO. 201/2009

i) Ramkrushna Kachru Gande, 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

3 F.A.No. :117 to 155/2011

10. F.A.No.126 OF 2011 IN C.C.NO. 202/2009

i) Asha Ramkrushna Gande, 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

11. F.A.No.127 OF 2011 IN C.C.NO. 203/2009

i) Ahmed Nadimullah Khan, Citizen Hotel, Roshan gate, Aurangabad.

ii) Deleted.

12. F.A.No.128 OF 2011 IN C.C.NO.204/2009

i) Sayaji Bhikan Shelke, 842, Sahyadri Nagar, N-5, Cidco, Aurangabad.

ii) Deleted.

13. F.A.No.129 OF 2011 IN C.C.NO.298/2009

i) Zhine Prabhakar Saluba, F.No.7, Sunny Corner, New Mondha, Jadhav wadi Road, Aurangabad.

ii) Deleted.

14. F.A.No.130 OF 2011 IN C.C.NO.299/2009

i) Sanjay Lakshman Borse, Angan Nagar, Maliwad, Near Telephone Exchange, Aurangabad.

ii) Deleted.

4 F.A.No. :117 to 155/2011

15. F.A.No.131 OF 2011 IN C.C.NO.331/2009

i) Vasant Mohanrao Kale, Diwandeodi Road, Aurangabad.

ii) Deleted.

16. F.A.No.132 OF 2011 IN C.C.NO.332 /2009

i) Pundlik Dagdoba Pandit, Plot No.177, Sarweshwar Nagar, Satara Parisar,Deolai, Aurangabad.

ii) Deleted.

17. F.A.No.133 OF 2011 IN C.C.NO.333/2009

i) Dilip Pannalal Dahale, Plot No.113/A,, N-1, Cidco, Aurangabad.

ii) Deleted.

18. F.A.No.134 OF 2011 IN C.C.NO.334/2009

i) Murlidhar Vithoba Surashe, Zalta, Chikalthana, Aurangabad.

ii) Deleted.

19. F.A.No. 135 OF 2011 IN C.C.NO.335/2009

i) Nirmala Sakhahari Ghule, 373, Avishkar Colony, N-6, Cidco, Aurangabad.

ii) Deleted.

20. F.A.No.136 OF 2011 IN C.C.NO.336/2009

i) Sakhahari Dagdoba Ghule, 373, Avishkar Colony, N-6, Cidco, 5 F.A.No. :117 to 155/2011 Aurangabad.

ii) Deleted.

21. F.A.No.137 OF 2011 IN C.C.NO.337/2009

i) Sayaji Dashrath Kawde, H.No.8, Jaibhawani Nagar, Garkheda Parisar, Aurangabad.

ii) Deleted.

22. F.A.No.138 OF 2011 IN C.C.NO.338/2009

i) Medha Ganpat Kalyankar, Aishwarya Apartment, Ajab Nagar, Aurangabad.

ii) Deleted.

23. F.A.No.139 OF 2011 IN C.C.NO.339/2009

i) Suresh Ambadas Rajhans, H.No.476, Avishkar Colony, N-6, Cidco, Aurangabad.

ii) Deleted.

24. F.A.No.140 OF 2011 IN C.C.NO.340/2009

i) Pratibha Arun Kadam, C-3, Sharda Apartment, 53, Vidya Niketan Colony, Aurangabad.

ii) Deleted.

25. F.A.No.141 OF 2011 IN C.C.NO.341/2009

i) Sakhahari Dagdoba Ghule, 373, Avishkar Colony, N-6, Cidco, Aurangabad.

ii) Deleted.

6 F.A.No. :117 to 155/2011

26. F.A.No.142 OF 2011 IN C.C.NO.342/2009

i) Sarangdhar Rangnath Kale, MIG 88, N-2, Shraddha Colony, Aurangabad.

ii) Deleted.

27. F.A.No.143 OF 2011 IN C.C.NO.343/2009

i) Shriram Hari Wokode, G.No.105, Plot No.7, Beed By pass Road, Satara Parisar, Aurangabad.

ii) Deleted.

28. F.A.No.144 OF 2011 IN C.C.NO.344/2009

i) Balasaheb Changdeo Jeve, Vishal Apartment,Jyoti Nagar, Aurangabad.

ii) Deleted.

29. F.A.No. 145 OF 2011 IN C.C.NO. 345/2009

i) Mrudula Ganpat Kalyankar, Aishwarya Apartment, Ajay Nagar, Aurangabad.

ii) Deleted.

30. F.A.No. 146 OF 2011 IN C.C.NO.346/2009

i) Balasaheb Changdeo Jeve, Vishal Apartment, Jyotinagar, Aurangabad.

ii) Deleted.

31. F.A.No.147 OF 2011 IN C.C.NO.347/2009

i) Prabhakar Bapurao Rawas, Surana Complex, Bhaji Market, 7 F.A.No. :117 to 155/2011 Aurangabad.

ii) Deleted.

32. F.A.No.148 OF 2011 IN C.C.NO.348/2009

i) Bhanudas Eknath Nagare, Plot No.54, Gajanan Colony, Garkheda Parisar, Aurangabad.

ii) Deleted.

33. F.A.No.149 OF 2011 IN C.C.NO.349/2009

i) Sakhahari Dagdoba Ghule, H.No.373,Avishkar Colony, N-6, Cidco, Aurangabad.

ii) Deleted.

34. F.A.No.150 OF 2011 IN C.C.NO.350/2009

i) Prakash Kachru Bhujange, H.No.244, Harsul, Aurangabad.

ii) Deleted.

35. F.A.No.151 OF 2011 IN C.C.NO.351/2009

i) Suresh Ambadas Rajhans, H.No.476,Avishkar Colony, N-6, Cidco, Aurangabad.

ii) Deleted.

36. F.A.No.152 OF 2011 IN C.C.NO.352/2009

i) Bansila Ramji Kasture, H.No.37, Maruti Nagar, Harsul Area, Aurangabad.

ii) Deleted.

8 F.A.No. :117 to 155/2011

37. F.A.No.153 OF 2011 IN C.C.NO.353/2009

i) Jayshree Vivek Deshmukh, Plot No.39,Nutun Colony, Aurangabad.

ii) Deleted.

38. F.A.No.154 OF 2011 IN C.C.NO.354/2009

i) Mrs.Sangita Yeshwant Jangle, Chaitanya Colony Housing Society, N-7, Aurangabad.

ii) Deleted.

39. F.A.No.155 OF 2011 IN C.C.NO.355/2009

i) Nanda Sayaji Kawade, H.No.8, Jaibhawani Nagar, Garkheda Parisar, Aurangabad.

ii) Deleted. ...RESPONDENTS.

Coram : Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.

Mrs.Uma S.Bora, Hon`ble Member. Mr.K.B.Gawali, Hon`ble Member.

Present : Adv.Shri.U.N.Shete for appellant, Adv.Shri.S.N.Lavekar for respondent No.1.

ORDER BELOW APPLICATION DATED 9TH DECEMBER 2012 (Delivered on 13th December 2013) Per Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.

1. This application is filed by respondent No.1/org.complainants raising preliminary objection contending inter alia that as appeals are hopelessly time barred, not maintainable.

9 F.A.No. :117 to 155/2011

2. We heard counsel for both sides, perused the application under order and say submitted by appellant.

3. It is submitted by Shri.Lavekar learned counsel for the applicants/respondent No.1 that initially on 27.12.2010 appellant had filed revision and the revisions against final order were not being maintainable, this Commission by order dated 17.2.2011 directed appellants to get revisions converted into appeals and accordingly appeals are registered. However, as statutory amount was not deposited by the appellants, appeals came to be rejected by this Commission vide order dated 8.8.2012.

3. Feeling aggrieved by that order appellant had approached to Hon'ble National Commission by filing revision petitions. However, Hon'ble National Commission allowed those revision petitions vide order dated 4.10.2012 directing appellant to deposit statutory amount within four weeks. However, appellant had not complied that order by depositing amount within four weeks. Therefore again the appellant approached to National Commission and got extended the time for one week vide order dated 7.6.2013. Thereafter appellant deposited statutory amount with the office of this Commission and complied the orders of Hon'ble National Commission.

4. Thereafter notice after admission was issued to the respondents. In response to the notice, respondent No.1 appeared through their counsel Shri.Lavekar and raised preliminary objection about maintainability of the appeals. Initially oral objection was raised and lastly by application under order in writing.

10 F.A.No. :117 to 155/2011

5. Appellant by its say resisted the application contending inter alia that appeals are well within limitation. According to Mr.Shete learned counsel for the appellant, appellant received copy of impugned judgment and order on 29th November 2010 and thereafter wrongly revisions were filed on 27.12.2010 and thereafter as per direction of this Commission these revisions are converted into the appeals etc. Thus according to Shri.Shete learned counsel for the appellant, appeals are well within limitation and submitted to dismiss application under order.

6. To which, it is denied by Shri.Lavekar learned counsel for the respondents and submitted that as per the procedure free copy of the impugned judgment and order was already issued by District Consumer Forum . But appellant falsely contended that it has not received the copy by post and therefore it applied for fresh copy and received those copies on 29th November 2010. Per contra Mr.Shete learned counsel for appellant submitted that if the appellant would have received the copy by post, it would not have applied for fresh copy. According to him though the District Consumer Forum sent the copies by post, the same are not received to the appellant. But we find no force in the submission of Shri.Shete learned counsel for the appellant, because on perusal of copies of impugned judgments and orders it manifest that as per procedure the free copy of the judgment and order was sent to the appellant by District Consumer Forum on 8.9.2010. Some were on 9.9.2010 and some on 10.10.2010 etc. Therefore it will have to be presumed that appellant has received copies of the impugned judgments and orders by post within 7-8 days from the date of dispatch from the office of District Consumer Forum, Aurangabad. It is not the contention of appellant that any incorrect address of the appellant company was shown. Therefore the appellant must have received the copies of judgment and order before 15.09.2010. But undisputedly the appellant initially on 27.12.2010 filed revisions which were also barred by 11 F.A.No. :117 to 155/2011 limitation. Therefore considering all these facts it is obvious that there was inordinate delay of about 72 days. But no application for condonation of delay is filed by the appellant.

7. When the statute has provided specific limitation period, appellant should have filed appeals within stipulated period. But as noted above the appellant even has not given any application for condonation of delay assigning any reasons for such inordinate delay. However, Adv.Shete appearing for the appellant lastly submitted that if in the event of holding by this Commission that there was delay in filing appeal, appellant may be permitted to file application for condonation of delay etc. But at this belated stage such request cannot be considered.

8. For the foregoing reasons appeals are being hopelessly barred by limitation, deserve to be dismissed and hereby dismissed. No order as to cost.

       Sd/-                           Sd/-              sd/-
K.B.Gawali                      Uma S.Bora,       S.M.Shembole,
 Member                          Member     Presiding Judicial Member

Mane