SHITAL BABURAO CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard by consent. The petitioner has challenged the order passed by the learned Member, Consumer Disputes Redressal Commission, Maharashtra State, Mumbai, Nagpur Circuit Bench, dated 15.9.2009, rejecting petitioner's application for stay, against the order dated 9.4.2009 passed by the District Consumer Disputes Redressal Forum, Nagpur. The District Consumer Disputes Redressal Forum had directed the petitioner to remove the deficiency in construction as per the Commissioner's report in terms of the agreement and complete the balance work within a period of 3 months.

(2.) Initially the petitioner had moved the learned Single Member of the Bench of the State Commission, who granted ad interim stay. This power was exercised by the learned Single Member pursuant to the office order dated 29.5.2009 passed by the President, Consumer Disputes Redressal Commission, Maharashtra State, Mumbai, empowering the Single Member to pass formal miscellaneous orders. After the learned Single Member ordered issuance of notice to respondents and granted ad-interim stay. Respondents appeared and filed their reply. The ad-interim stay was extended from time to time and the application for stay was heard on merits.

(3.) In the course of hearing the learned Counsel for the petitioner made a statement that he is willing to obey the order of the District Forum.