LAWS(NCD)-2016-5-105

DATTA KESHAV BHOSALE R/AT FLAT NO. 102, BUILDING NO. 4, FLOOR VALLEY COMPLEX, KUDUS VILLAGE, TALUKA WADA, DISTRICT Vs. ARPANNA MOTORS PRIVATE LIMITED AND ANR. MILLENNIUM TOYOTA, PLOT NO. 27, &30, ROAD NO. 18, OPPOSITE TELEPHONE EXCHANGE, WAGLE ESTATE, THANE WEST THANE

Decided On May 11, 2016
Datta Keshav Bhosale R/At Flat No. 102, Building No. 4, Floor Valley Complex, Kudus Village, Taluka Wada, District Appellant
V/S
Arpanna Motors Private Limited And Anr. Millennium Toyota, Plot No. 27, And30, Road No. 18, Opposite Telephone Exchange, Wagle Estate, Thane West Thane Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 04.03.2016 whereby the State Commission set aside the order passed by the District Forum on 27.03.2014, deciding to proceed with the complaint without written version of Opposite Party No. 2- Arpanna Motors Pvt. Ltd. Notice of the revision petition has been served upon the Opposite Party No. 2- Arpanna Motors Pvt. Ltd. on 08.04.2016 but no one is present for the said OP/respondent. Therefore, we have heard the learned counsel for the petitioner and examined the record.

(2.) A perusal of the proceedings before the District Forum on 23.09.2013 would show that both the opposite parties were present before the said Forum on that date and the matter was adjourned to 11.12.2013. On 11.12.2013, the matter was adjourned to 13.12.2014. On that date, the Opposite Party No.2- Arpanna Motors Pvt. Ltd. filed an application seeking time to file written statement. The matter was adjourned to 27.03.2014 for filing the written statement by the said opposite party. On 27.03.2014, the matter was adjourned to 10.07.2014. Eventually, vide order dated 27.03.2014, the District Forum, noticing that written statement had not been filed by the opposite party no.2, directed the matter to be proceeded ex-parte against the said opposite party.

(3.) Being aggrieved from the aforesaid order dated 27.03.2014, the Opposite Party No. 2- Arpanna Motors Pvt. Ltd. approached the concerned State Commission by way a revision petition. The State Commission vide impugned order dated 04.03.2016 directed as under:-