EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICITY, DISTRIBUTION COMPANY LTD , BEED AND ANOTHER Vs. KISAN MARUTI AJBE
LAWS(BOM)-2017-12-240
HIGH COURT OF BOMBAY
Decided on December 21,2017

Executive Engineer, Maharashtra State Electricity, Distribution Company Ltd , Beed And Another Appellant
VERSUS
Kisan Maruti Ajbe Respondents

JUDGEMENT

V. K. Jadhav, J. - (1.) Rule. Returnable forthwith. By consent, heard finally at admission stage.
(2.) Being aggrieved by the order dated 20.01.2015 passed by the learned Presiding Member of Maharashtra State Consumer Dispute Redressal Commission, Mumbai, Circuit Bench at Aurangabad (hereinafter for the sake of brevity called as the "State Commission") in first appeal No. 105 of 2014, the original appellants have preferred this writ petition.
(3.) Brief facts giving rise to the present writ petition are as follows:- a) Being aggrieved by the judgment and order dated 17.12.2013 passed by the District Consumer Dispute Redressal Forum in complaint No. 165 of 2012, the petitioners have preferred an appeal bearing first appeal No. 105 of 2014 before the State Commission. The respondent herein lodged the said complaint No. 165 of 2012 before the District Consumer Redressal Forum, Beed, alleging therein that due to sparkling of power lines, installed on the boundaries of the agricultural land belonging to the respondent-complainant, the banana groove along with the irrigation installations caught fire and due to which the complainant sustained loss of more than Rs.10 to 12 lacs and the petitioners herein are liable to pay the same. Learned Presiding Officer, Consumer Dispute Redressal Forum, Beed, by judgment and order dated 17.12.2013 allowed the said complaint and thus the petitioners herein preferred the aforesaid first appeal No. 105 of 2014 before the State Commission. b) The learned Presiding Member of the State Commission by the impugned order dated 20.01.2015 dismissed the appeal for default on the ground that none appeared for the appellants even though the matter was adjourned for many times. Though the last chance was given by the State Commission to the appellants, none appeared for the appellant. As the respondent was proceeded ex parte, State Commission expressed that the matter would be heard finally at the admission stage and even then the appellants and their counsel remain absent and no written note of arguments was submitted as assured. Hence, this writ petition.;


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