Bombay High Court
Yashwant Nagari Sahakari ... vs Vijay Bhausaheb Shinde And ... on 25 February, 2016
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6677 OF 2014
1. Yashwant Nagari Sahakari Patsanstha
Maryadit, Office at Shrirampur
Tq. Shrirampur, District Ahmednagar
Through its Assistant Manager
Sharad s/o Haribhau Parbhale
Age 33 years, Occ. Service
2. The Accountant,
Yashwant Nagari Sahakari Patsanstha
Maryadit, Branch at Jijamata Chowk,
Shrirampur, Tq. Shrirampur,
District Ahmednagar
3. The Manager,
Yashwant Nagari Sahakari Patsanstha
Maryadit, Branch at Jijamata Chowk,
Shrirampur, Tq. Shrirampur,
District Ahmednagar
4. The Chairman,
Yashwant Nagari Sahakari Patsanstha
Maryadit, Branch at Kolhar
Tq. Shrirampur, District Ahmednagar ...Petitioners
versus
1. Vijay Bhausaheb Shinde,
Age 43 years, Occ. Business,
R/o. Loni (Kh), Tq. Rahata
District Ahmednagar
2. Sow. Sunita w/o Vijay Shinde
Age 38 years, Occ. Household
R/o. Loni (Kd), Tq. Rahata
District Ahmednagar ...Respondents
...
Advocate for Petitioners : Mr. Kute Rajendra L.
Advocate for Respondents 1 and 2: Mr. R.R. Karpe
.....
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CORAM : V. K. JADHAV, J.
DATED : 25th FEBRUARY, 2016
ORAL JUDGMENT:-
1. Rule. Rule returnable forthwith. By consent of learned
counsel for the parties, heard finally at admission stage.
2. The respondents-original complainants had filed complaint No.
220 of 2011 before the District Consumer Dispute Redressal Forum,
at Ahmednagar for recovery of amount deposited by them in Lakhpati
deposit scheme in the petitioner - Patsanstha. The District Consumer
Dispute Redressal Forum by order dated 25.9.2013 allowed the said
complaint, holding that the respondents are entitled to receive the
amount of Rs.1,00,000.00 (Rupees one lac) each, as there is
deficiency in service. Aggrieved by the same, the petitioners
preferred First Appeal No. 348 of 2013 before the State Consumer
Dispute Redressal Commission, Mumbai, Bench at Aurangabad.
The petitioners had deposited entire amount before the State
Commission. However, the Presiding Member of the State
Commission has dismissed the said appeal in default. Hence, this
writ petition.
3. Learned counsel for the petitioners submits that the counsel
engaged by the petitioners could not attend the matter on the dates
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given due to his personal difficulty. Learned counsel further submits
that on the date of passing of impugned order, the petitioners'
representative appeared before the Commission little late.
4. Learned counsel for the respondents submits that the
petitioners were not diligent in prosecuting the appeal. The appeal
came to be adjourned on three dates and on all three dates, neither
the appellants nor their counsel were present.
ig Learned counsel
submits that the Presiding Member of State Commission, therefore,
has rightly dismissed the appeal in default.
5. It appears that the appeal has not been decided on merits and
same is dismissed in default. The petitioners complied the order
passed by the District Consumer Dispute Redressal Forum by
depositing the amount before the State Commission. In view of this,
I am inclined to allow this writ petition by imposing certain costs.
Hence, the following order:-
ORDER
I. The impugned order dated 19.6.2014, passed by the
State Consumer Disputes Redressal Commission,
Maharashtra State, Mumbai, Bench at Aurangabad in
appeal No. 348 of 2014, is hereby quashed and set
aside subject to condition of payment of Rs.5000/-
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(Rupees Five thousand only) towards the costs to be
deposited by the petitioners before the State
Commission, within two weeks from today.
II. On deposit of said costs amount, the State Commission
shall hear the appeal on merits. The respondents are at
liberty to withdraw the costs amount of Rs.5000/-.
III. Rule made absolute in the above terms. Writ petition is
disposed of. No costs.
( V. K. JADHAV, J.)
rlj/
