NCDRC

NCDRC

RP/2997/2012

M.A. INBANATHAN - Complainant(s)

Versus

AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY LTD. - Opp.Party(s)

IN PERSON

05 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2997 OF 2012
 
(Against the Order dated 10/08/2005 in Appeal No. 1140/2005 of the State Commission Karnataka)
1. M.A. INBANATHAN
No-156 Charles Campbell Road Cox Town
Bangalore - 560005
Karnataka
...........Petitioner(s)
Versus 
1. AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY LTD.
No-15,1st Cross CKC Garden, Opp B.I.O.Hospital K.H Road (Double Road)
Bangalore - 560027
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 05 Oct 2012
ORDER

Complaint filed by the petitioner was disposed of on 05.05.2005.  Petitioner filed the appeal before the State Commission

-2-

which was dismissed on 11.08.2005.  Petitioner filed IA under Section 151, 152 & 153 of CPC for recall of the order of the District Forum as no opportunity was given to him.  District Forum dismissed the application aggrieved against which the present revision petition has been filed. 

Order of the District Forum dated 05.05.2005 had merged into the order dated 11.08.2005 passed by the State Commission.  The application for recall of the order of the District Forum, under the circumstances, was not maintainable.  This apart, in view of the judgment of Supreme Court in Rajeev Hitendra Pathak & Ors. vs. Achyut Kashinath Karekar & Anr. – IV(2011) CPJ 35 (SC) the District Forum does not have the power to either recall or review its own order.  Otherwise also, the application filed in the year 2011 was barred by limitation.  No ground for interference is made out.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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