RAMCHAND J.UTTAMCHANDANI Vs. MRUNALINI DESHMUKH

JUDGEMENT

(1.) Heard appellant in person. Mr. A.V. Patwardhan-Advocate for the respondent. Additional Mumbai Suburban District Consumer Forum by order dated 26/3/2008 dismissed the consumer complaint on the ground that there was no deficiency of service on the part of the respondent, who is a practicing Advocate. In brief facts of the case are as under:-

(2.) Petitioner-appellant no.2 is a married daughter of appellant no.1. Appellant no.2 had filed Divorce petition against her husband in the Family Court no.5 at Bandra (East). Initially Advocate Ms.Chitra was engaged. At the fag end of 1999, Advocate Ms.Chitra was appointed as Public Prosecutor to conduct the matters in the High Court. She therefore, expressed her inability to conduct the divorce petition. Advocate Chitra was discharged. The services of respondent herein were hired. The appellants paid Rs.5000/- as fees to respondent. Appellant further agreed to pay Rs.150/- on each appearance. The respondent filed her Vakalatnama on 20/5/2000. On that day, respondent filed application below Exhibit 18 for medical examination of the respondent. Matter was thereafter adjourned to 15/7/2000. On 15/7/2000, copy of Exhibit 18 was served on the Advocate of the husband. Matter was adjourned for reply to Exhibit 18 on 8/9/2000. On 8/9/2000 both the contesting parties and their Advocates remained absent. Ld.Judge of the Family Court dismissed the divorce petition in default. Appellants therefore filed consumer complaint no.669/2001.

(3.) Said complaint was resisted by the present respondent. The respondent contended that the Judge Family Court dismissed the divorce petition mainly on the ground that both the contesting parties were absent. The respondent further relied on the provisions of Family Court Act and Rule 37 of the Family Court Rules framed there under. It was also contended by the respondent that she was conducting the matter in another court and therefore, she had deputed her Junior Advocate Shweta Storewala to look after the divorce petition. The Learned Judge, Family Court however did not record the presence of Advocate Shweta Storewala and dismissed the divorce petition because of absence of parties. The respondent has denied to have rendered deficient service.