AI Structured Summary
Not yet generated for this judgment
Judgment
PRESENT petition received by post has been filed on behalf of complainant -Sh. Shridhar Kookra Suvarna, through its Agent and General Power of Attorney holder -M. Bhasker under Section 21(b) of the Consumer Protection Act, 1986 (for short, ''Act '') read with Regulation 14(i) of the Consumer Protection Regulations, 2005 and (ii) Section 151 of the Code of Civil Procedure, 1908.
BRIEF facts are that complainant through its Agent and General Power of Attorney Holder -M. Bhasker, filed a Complaint under Section 12 read with Sections 14(e), 14(d) and (i) of the Act before District Consumer Disputes Redressal Forum, Udupi (for short, ''District Forum '') on the allegations that complainant engaged the services of respondent No. 2/O.P. No. 2 for constructing a residential premises on his property. Accordingly, both parties entered into agreement dated 7.12.2005. Since, respondent No. 2 failed to complete the work within the extended period, it resulted substantial loss to the complainant. Accordingly, complaint claimed total relief for Rs. 4,18,120. On 12.5.2008, respondent No. 2 filed an application under Section 151, CPC praying to take up the question of maintainability of the complaint filed through the General Power of Attorney holder as preliminary issue. Complainant filed counter statement to the application. District Forum after hearing the parties,vide its order dated 28.5.2008, allowed the application of respondent No. 2 and dismissed the complaint.
AGGRIEVED by the order of District Forum, complainant through his General Power of Attorney holder, filed Appeal No. 1371 of 2008 and four miscellaneous cases No. 209 of 2008, 67 of 2009, 14 of 2010 and 92 of 2010. The appeal as well as four miscellaneous cases were dismissed in default/for non -prosecution. Hence, this revision.
PRESENT petition came up for hearing before this Commission for the first time on 16th September, 2011. Since, there was defect in the petition, the petitioner was given number of opportunities to remove the defects. Thereafter, matter came up for hearing on 15.5.2012, none was present on behalf of the petitioner on that day also. However, petitioner has requested that the matter be decided on the basis of the revision petition and the documents already filed without requiring his presence. In view of above fact, the order was reserved by the previous Bench on 15th September, 2012. Thereafter, fresh notice was issued to the petitioner to file certain documents. The petitioner submitted those documents.
I have perused the record.
PRESENT revision petition has been filed on behalf of the complainant by M. Bhasker, being his General Power of Attorney holder. However, M. Bhasker as the Agent and General Power of Attorney holder of the complainant, has not placed on record the original General Power of Attorney/its copy, through which complainant has authorized him to file the complaint on his behalf. In the absence of this crucial document, petition is liable to be dismissed on this short ground. Even otherwise as apparent from record, Mr. Bhasker, Agent and General Power of Attorney holder of the complainant, had never appeared before the State Commission to pursue the appeal as well as four miscellaneous cases. Under these circumstances, the State Commission rightly dismissed the appeal as well as four miscellaneous cases filed by the petitioner. Further, there is no ambiguity in the orders passed by the State Commission in dismissing in default/for non prosecution, the appeal as well as four miscellaneous cases filed by Mr. Bhasker, as Agent and General Power of Attorney holder of the petitioner.
THE present revision petition is without any legal basis and has got no merit and same is hereby dismissed, with cost of Rs. 5,000 (Rupees five thousand only).
PETITIONER is directed to deposit cost of Rs. 5,000 (Rupees five thousand only) by way of demand draft, in the name of ''''Consumer Legal Aid Account '''' of this Commission, within four weeks from today. In case, petitioner fails to deposit the cost within the prescribed period, then it shall also be liable to pay interest @ 9% p.a., till realization.
LIST on 7.12.2012 for compliance
COPY of this order be sent to the petitioner. Revision Petition dismissed.