Tushar B. Shringarpure , Prajakta P. Deshmukh vs Suchetan B. Shringarpure , Shri Narayan Agro Udyog Pvt. Ltd.

THESE are a set of three revision petitions against the order of the Maharashtra State Consumer Disputes Redressal Commission, passed on 20.11.2009, in a Misc. Application (MA) filed by M/s. Narayan Agro Udyog Pvt. Ltd, who are Respondents in the present proceedings and were the Opposite Parties in the concerned original complaint before the Additional District Consumer Disputes Redressal Forum, Pune. In the MA, a direction was sought to the Additional District Forum to permit the applicant to withdraw the deposit of Rs.6 lakhs in the concerned proceedings. The State Commission has observed that, in spite of service of notice, the Revision Petitioners/Complainants had not appeared before the Commission and therefore, it had no alternative but to accept the statement made by the applicant. Proceeding from there, through an ex-parte order, the State Commission accepted the statement on behalf of the applicant, M/s. Narayan Agro Udyog Pvt. Ltd. that the Opposite Parties/Complainant had refused to accept the possession of the property. Accordingly, the State Commission allowed the Misc. Application and ordered the District Forum to release the amount of Rs.6 lakhs to the applicant. This order of the State Commission is now challenged before us in the present Revision Petition.

WE have perused the record of this case and heard the counsels for the two parties. The impugned order of the State Commission needs to be viewed in the backdrop of the history of a decade long legal contest between the parties and not in isolation. It needs to be seen whether this order amounts to closing the execution proceedings without any substantive implementation of the final order. In response to the notice from this Commission, the Respondent has filed a reply on 27.10 2010 that stating that they were "always ready and willing to give possession of 10,000 sq. feet of developed land as per the agreement dated 2/12/1988 in compliance of the impugned order dated 20/11/2008 passed by Additional district Forum, Pune." However, the Revision Petition shows that the land has not been handed over so far.

It is also informed that the Revision Petition has been filed with a delay of 33 days. Issue notices to the parties for 4/3/2011 to hear on admissibility, informing that the matter may also be disposed off on merits. The operation of the impugned order releasing the deposit of Rs.600,000/- is stayed till the next date of hearing.