NANDU GIRIDHAR PAWAR Vs. NIVRUTTI VITTHAL LONKAR

JUDGEMENT

(1.) -OPPOSITE party-builder is the petitioner before us. He is aggrieved by the order of the Maharashtra State Consumer Disputes Redressal Commission. State Commission on appeal filed by the petitioner affirmed the order of the District Forum. Complaining deficiency in service in the construction of work, respondent-complainant filed complaint in the District Forum. In spite of notice, petitioner did not appear. District Forum allowed the complaint and directed the petitioenr to pay to the respondent Rs. 60,076. 75 plus Rs. 10,000 and Rs. 500. Complainant had entrusted the petitioner for construction of his house and had paid consideration under the agreement.

(2.) APPEAL filed by the petitioner was barred by limitation. State Commission did not find any sufficient ground to condone the delay. State Commission also rejected the plea of the petitioner that he had not been served in the District Forum and decision made by the District Forum was ex parte.

(3.) IN order to verify this submission of the petitioner, State Commission sent for the record of the District Forum. It was found by the State Commission that there is acknowledgement in the record of the proceedings of the District Forum which showed that the petitioner had been served with the process on 28. 11. 1995 and postal acknowledgement bore the signature of petitioner. State Commission observed that it was nebulous attempt on the part of the petitioner to deny signature on the postal acknowledgement. State Commission compared the signature of the petitioner on the agreement as well as on the Vakalatnama which bore his signatures, with that on the acknowledgement and found that the same was similar in all respects. State Commission, therefore, held that the District Forum was correct in proceeding ex parte against the petitioner. We do not find it is a fit case for us to exercise our jurisdiction under Clause (b) of Section 21 of the Consumer Protection Act. This revision petition is dismissed. R. P. dismissed.