1.                  By this order we shall dispose of an application moved under Regulation 14(ii) of the Consumer Protection Regulations, 2005 for setting aside/recalling our order dated 16.2.2010, whereby an appeal filed by the applicant/appellant was dismissed on merits in the absence of parties.

2.                Without going into any further details, suffice it to say that applicants/appellants had initially filed their complaint bearing No. 1296 of 2008  before the District Forum-I, U.T., Chandigarh, which was ultimately decided and dismissed vide order dated 17.8.2009.

3.                Feeling Aggrieved by the impugned order of the learned District Forum, the applicants had come up in appeal before this Commission. In the appeal none had represented the applicants continuously for three dates i.e. 7.10.2009 and 5.11.2009 and 15.2.2010.  It is also to add here that in spite of due service upon the respondents, none had appeared in their behalf before this Commission. Consequently, on 15.2.2010, the following order was passed by this Commission;

“ A perusal of the file shows that in this case for the last two dates i.e. 5.11.2209 and 7.10.2009 none is appearing on behalf of appellant. Respondents have already been proceeded against ex parte.  It is already 12:20 P.M.. Today also none is present on behalf of parties. So we, are of the opinion that let this matter be disposed of on merit after going through the material placed on the file. Reserved for orders”.

 4.               In view of the aforesaid order,  we had gone through the material placed on the file as well as record received from the District Forum concerned and ultimately applying our mind, we disposed of the appeal on merits vide our detailed orders dated 16.2.2010.  Now the contention of learned counsel for the applicants that in view of the law laid down in the case of Sarman Singh Vs. Kishan Singh (dead) thr. Lrs. and ors 2007(2) Law Herald (SC) 1350  the order passed by this Commission dated 16.2.2010  be taken as ex parte order and as such the same be set aside.

5.                We have given our thoughtful consideration and also have gone through facts of the above cited Ruling and find no force in the aforesaid plea raised on behalf of the applicants.  In fact, in the instant case both the parties had failed to appear continuously for three consecutive dates, then we had no option but to take into consideration the grounds of appeal and other material placed on the file and then decided the matter on merit.  In the aforesaid cited case the suit was decided ex parte,  so the provision of order 9 Rule 13 and order 41 Rule 19 of the Civil Procedure Code 1908 were applicable. Whereas in this case the complaint case was firstly decided on merit in the presence of both the parties and secondly, we have also decided the appeal on merit in the absence of both the parties, so the question of setting aside ex party order under Regulation 14(ii) of the Consumer Protection Regulations, 2005 as sought in the instant case does not arise. Moreover Regulation 14(ii) are applicable under Section 22(A) of the Consumer Protection Act to the Hon’ble National Commission.  Apart from that power to review or recall any order is only with the Hon’ble National Commission and not with the State Commission.

6.                In this view of our foregoing discussion we find no force in this application so the same is dismissed.

7.                Copies of the order be sent to the parties free of charge.