STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR FIRST APPEAL NO. SC/CB2/27/A/04/1355 Vasantrao Govindrao Bhamburkar PRESENT ADDRESS - 15,Shantiniketan Colony, Pratap Nagar, Nagpur-440 022 ,MAHARASHTRA.

.......Appellant(s)

Versus Sau.Ranjana Vikram Khonde,(Ku.Ranjana Anandrao Kadam,before marriage), PRESENT ADDRESS - Jagannath Deorao Patil ,Sangludkar Mahavidyalaya, Daryapur, Distt.Amravati ,MAHARASHTRA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE APPELLANT: Bhamburkar (Advocate)

FOR THE RESPONDENT:

IN PERSON DATED: 31/07/2025

ORDER

1. The Appellant namely Adv.Vasant G. Bhambhurkar, Advocate Nagpur has filed the present appeal challenging the order / Judgement dated 25/6/2004 passed by the learned Addl.District Consumer Disputes Redressal Forum, Nagpur in complaint case No.CC/117/2003 (New) & CC/823/2000(Old) against Ori.Complainant namely Ku.Ranjana A.Kadam, Amravati. (Parties are referred here to their original nomenclature)

2. Short facts leading to the filing of the Appeal is as under..

3. The complainant was working as instructor (MCVC) since 1993, with J.D.Patil Sangludkar College, Durgapur and her service matter vide Writ Petition No.2326/1994 was pending before the Hon’ble High Court,Bench at Nagpur. Hon’ble High Court vide interim order dated 25/8/1995 ordered the employer of the complainant to pay arrears of wages (Salary) from the date of joining till further order.

4. As employer failed to comply the order contempt of Court notice was issued to the OP Advocate and filed contempt petitionNo.209/1996 in W.P.No.2326/94. Contempt petitionwas dismissed in default by the order of Hon’ble High Court dated 07/03/1998.

5. Complainant with a view to restore the dismissed contempt petition No.209/1996 moved Misc.Civil Application H.C. order to the counsel appearing for the petitioner to file affidavit explaining default which resulted in dismissal of the petition. Opponent on 24/06/1999 did not remain present to file affidavit and court reject Civil application for early hearing. Main contention of the Complainant that Opponent/Advocate accepted the case to render the legal professional service to the complainant but acted with gross negligence and paid Rs.3500/- by cheque and cash to the Opponent.

6. After filing of the complaint,notice was served to the Opponent. Opponent raised following objections in reply on affidavit dated 08/02/2001. Firstly permission was not sought for representating complainant by herhusband and secondly complaint for recovery of money, can not befiled before the Consumer Forum and complaint not filed within limitation and hence not maintainable.

7. The learned additional DCDR Forum, Nagpur thereafter recorded the evidence led by the complainant as well as Opponent. Consumer Forum also went through the documents filed by both the parties as well as written notes of arguments and there partly allowed the complaint and Opponent is directed to pay consolidated compensation of Rs.15,000/- to the complainant as complainant was deprived of his benefits as per interim order of the High Court and for physical, mental and financial harassment caused to the complainant for a long period of 5 years. Opponent is also directed to refund the fees of Rs.2,000/- paid by the complainant and cost of Rs.5,000/-.

8. Hence the appellant filed the present appeal challenging the judgement/order dated

25/06/2004.

9. We have heard, Appellant Mr.V.G.Bhambhurkar, the learned advocate in person and Respondent were absent at the time of final hearing on 02/07/2025.

10. Perused the record, matter is very old. This bench is hearing the matter since 28/11/2023. Since then Respondent appeared once on 08/07/2024 and on 09/06/2025 to sought adjournment for final hearing. We have carefully gone through the record. Respondent had not filed Written Notes of Arguments till the date of final hearing. Already last chance was given on 22/12/2022. On 02/07/2025, w