YOGESHBHAI D.SHRIDHAR vs CONSUMER EDUCATION AND RESEARCH SOCIETY

PETITIONER was the opposite party before the District Forum. Briefly the facts of the case are that the 2nd respondent purchased an Air conditioner from the petitioner/O.P. for a consideration of Rs. 38,000/- which was installed on 19.3.1993 but it bursted and caught fire causing extensive damage to the property of the 2nd respondent/complainant.

THE complainant approached the petitioner for its replacement and payment of compensation, and not getting any satisfactory response, filed a complaint before the District Forum. Counsel for the petitioner entered appearance but neither filed written version nor argued the matter. In these circumstances the District Forum relying upon the material/evidence on record passed the following order on 15.10.1997 : "The complaint against the opponent No. 2 is hereby dismissed. The complaint against the opponent No. 1 is allowed and the opponent No. 1 is directed to pay to the complainant the sum of Rs. 1,00,000/- with interest at the rate of 18 per cent per annum from 1.1.1994 till payment and to pay Rs. 50,000/- of mental pain and agony and Rs. 2,000/- as cost to the complainant Nos. 1 and 2 each. The opponent No. 1 to comply within one month from the date of receipt of the copy of this order."

On an appeal filed by Dhanraj Electronics, after hearing the parties the State Commission dismissed the appeal vide its order dated 22.2.2001. On not getting the reliefs awarded by the District Forum vide its order dated 15.10.1997 the 2nd respondent filed an execution application. District Forum after hearing the parties passed a very detailed comprehensive and exhaustive order directing the learned Counsel for the opposite parties before it ''to direct his client Dhanraj Electronics of Vikram Chamber to comply with the order passed by the District Forum in Complaint No. 727/94''.

AN appeal filed by Dhanraj Electronics, the State Commission while dealt with the appeal, civil revision application and caveat application, and after hearing the parties passed the following order on 13.3.2003 : "Impugned order passed by the learned Consumer Disputes Redressal Forum, in Civil Miscellaneous Application No. 99 of 2001 dated 16.10.2002 shall stand modified as under : 1. Mr. Shah @ Yogesh Shridhar @ Yogesh Patel professing himself to be connected with Dhanraj Electronics shall comply with the order passed by the said learned Forum in Complaint No. 727 of 1994 within four weeks from the date of receipt of true copy of this order failing which the execution proceedings pending before the learned Forum shall proceed against him and his property, both at his residence as well as at the aforesaid business address. With this modification of impugned order dated 16.10.2002, the original order will stand maintained in so far as aforesaid original opponent No. 1 is concerned, Appeal No. 148 of 2003 shall stand disposed of in the aforesaid terms. Caveat Application No. 45 of 2002 shall stand disposed of as not surviving.

THERE shall be no order as to costs so far as proceedings before this Commission are concerned." On an appeal filed by one Yogesh Shridhar, the State Commission vide its order dated 24.6.2003 dismissed as barred by limitation and not maintainable as this application amounts to review application, yet stayed the bailable arrest warrant against the appellant on depositing Rs. 50,000/- before the District Forum. Aggrieved by all these orders the petitioner has filed this revision petition before us. Main argument advanced by the learned Counsel for the petitioner is that his client was never served with any notice - hence he never got any opportunity to defend himself. In this regard he draws our attention towards the notice issued by the District Forum which is issued to ''Dhanraj Electronics'' and also to the reply filed by ''Dhanraj Electronics Vikram Chambers, Ashram Road, Ahmedabad'' stating that there is no such person by the name of Yogesh Bhai Shah and no AC was purchased from them by the complainant. It was also stated by them in the letter addressed to the District Forum that there is no record with them of any AC purchases from them nor has any proof of purchase produced - hence notice was returned. This point has been repeatedly gone into by all the Forums below extensively in their detailed orders. Findings of the Forums are that Yogesh Shah, Yogesh Shridhar, Yogesh Patel is the same person, and directing him to comply with the orders of the District Forum. We have on record the finding of the Consumer Forums below, that petitioner, by whatever name, is the same person against whom original complaint was filed. Finding also is that the first appeal filed before the State Commission against the original order, was by other partners who are close relatives of the petitioner before us. We have on record a visiting card which is not rebutted/denied which perhaps settles the issue and bring the cat out of the bag. This card reads as follows : "Yogesh Shridhar Managing Director Shridhar Electronics Ltd. Dhanraj Dhanraj Electronics Group of Companies Dhanraj Housing G-17, Vikram Chamber Development Corporation Ashram Road, Ahmedabad - 380009 Amerex Electronics Phones : 6585322/9157/0565/5706 Dhanraj Agencies Fax : 91-79-6585621 Dhanraj Service Centre . Mobile : 9824021831 Sunrise Traders Website : http://WWW. Dhanrajgroup.com Shridhar Construction Email Yogesh @ Dhanrajgroup.com Dhanraj Lease and Finance Authorised Centre Aiwa Shailesh Patel G-16, Vikram Chamber Ashram Road, Ahmedabad - 380009 Dhanraj Electronics"

WE are clearly of the view that from the date of receipt of notice which was returned, it was a calculated move on the part of the petitioner to avoid service and not to face the proceedings before a Consumer Forum. There could not be many Yogesh Shridhar or Shah in Dhanraj Electronics. It appears to be a clear case of an attempt to undermine the authority of a quasi judicial body by being clever. Not only he does not appear before the District Forum, but goes into file appeal through his close relatives as observed by both the Forums below. In the executing proceedings.

DISTRICT Forum issued notices to Yogesh Shah/Yogesh Shridhar/Yogesh Patel. The State Commission examined this point at length and observed : "In the aforesaid execution proceedings, however, opportunity was made available to the appellant as well as the original opponent No. 1 by filing the aforesaid execution application by describing the opponent No. 1 as Yogesh Shah @ Yogesh Shridhar @ Yogesh Patel as he [opponent No. 1] used to describe himself in that fashion. Notice was served on all the said parties and Mr. S. J. Mehta appeared for all the opponents before the learned Forum. After considering the contentions raised by all the opponents, the learned Forum came to the conclusion that the opponents were very much in knowledge of the original proceedings and yet in order to take advantage of incomplete description of opponent No. 1, they did not appear before the learned Forum. The learned Forum has dealt with the respective contentions raised by the parties before it and has come to the conclusion that Yogesh Shah @ Yogesh Shridhar @ Yogesh Patel did enter into transaction with complainant No. 2 and before necessary documents in the form of invoice/bill could be issued, the incident occurred on account of deficiency in service in faulty installation of the machine in question while holding that the learned Forum could not go behind the original order passed in the execution proceedings. It went through the record of the proceeding and came to the conclusion that the original opponent No. 1 by whatever name he professes to introduce himself was in knowledge of the complaint filed against him and he conveniently kept back from the proceedings before the learned Forum and wanted to take advantage of that situation. However, the learned Forum further proceeded to observe that M/s. Dhanraj Electronics was represented by said Mr. Yogesh Shah @ Yogesh Patel who was using different names and aliases and other styles with a view to defraud the consumers and creditors and with a view to dodging out taxing authorities. It came to the conclusion that from the shop in the name and style of M/s. Dhanraj Electronics though its proprietor Mr. Yogesh Shah @ Yogesh Shridhar @ Yogesh Patel complainant No. 2 purchased air condition machine in question and the transaction could not be disputed by said party in any manner. The learned Forum, therefore, passed order dated 16.10.2002 which reads as under : ''This CMA is hereby allowed. Mr. S. J. Mehta, learned Advocate of the opponent of this CMA is hereby informed to direct his client Dhanraj Electronics of Vikram Chamber. Ashram Road, Ahmedabad to comply with the order and judgment passed against whom this Forum has passed decree in Complaint No. 727/94 and before taking action as per object of Sections 25 and 27 of Consumer Protection Act, against non-compliance of the said judgment. So All the objections on behalf of the Dhanraj Electronics or Dhanraj Electricals through its proprietor including Yogesh Shah @ Yogesh Shridhar @ Yogesh Patel etc. are hereby rejected. The opponent of this CMA is hereby directed to comply with this order within 30 days from the date of receipt of copy of this order''.

The aforesaid order has been canvassed by M/s. Dhanraj Electronics, a registered partnership firm in CRA No. 60 of 2002 as well as in Appeal No. 148 of 2003. It might be noted that the aforesaid Yogesh Shah @ Yogesh Shridhar @ Yogesh Patel has not challenged either of the orders namely the main order of the order passed in execution proceedings before this Commission in any manner." We are in full agreement with observations/deductions of the State Commission. Since no revision was filed against the State Commission order dated 22.2.2001, which attained finality.

WE are left in no doubt that the petitioner was aware throughout about the proceedings of the case and attempted unsuccessfully to hoodwink both the lower Forums below to believe the story that he was never served. It did not work. His alias and different companies leave a trail of bad businessman with not so noble intentions. In a complete abuse of process of law - he is attempting to thwart the flow of justice to the complainant. In our view the order passed by the District Forum dated 15.10.1997 became final after appeal against the order being dismissed and no revision petition filed against the orders. In execution orders passed by the District Forum and affirmed by the State Commission call for no interference as they are as per settled law and merely direct the petitioner to comply with the orders passed by the District Forum vide its order dated 15.10.1997 by whatever name the petitioner would like to be known. This revision petition is devoid of merits and is dismissed with coat of Rs. 5,000/- to be payable to the respondent/complainant within 4 weeks of passing of this order.