NCDRC

NCDRC

RP/2670/2005

SHRAVAN SINGH - Complainant(s)

Versus

ASHOK LEYLAND FINANCE LTD - Opp.Party(s)

ASHUTOSH SHARMA

20 Oct 2009

ORDER

Date of Filing: 19 Oct 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2670/2005
(Against the Order dated 29/04/2005 in Appeal No. 597-601/2004 of the State Commission Rajasthan)
1. SHRAVAN SINGHnullnullnull ...........Appellant(s)

Vs.
1. ASHOK LEYLAND FINANCE LTDnullnullnull ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 20 Oct 2009
ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

 

          This review application has been filed by the applicant / petitioner for reviewing order dated 03.08.09 vide which we had allowed the revision petition and remanded the case back to the District Forum with a request to dispose off the complaints within a period of 4 months.   
 
          We go on to dispose off this application as per regulation 15 of the Consumer Protection Regulations, 2005, by circulation.
 
          We have very carefully gone through the review application filed by the applicant and find that the review is sought by posing a legal question which reads as follows:-
“Whether the petitioner will contest again the complaint before District Forum from the order of Ld. District Forum aggrieved party will go for appeal in higher forum, i.e., Hon’ble State Commission and finally after a long time the aggrieved party whosoever from the order of the Hon’ble State Commission will come again before this Hon’ble Commission for redressal of dispute and seeking the justice?”
 
          Our powers to review are limited in terms of section 22 of the Consumer Protection Act, 1986, in view of which we can only review if there is error apparent on the face of record. What is sought from us by way of review is as if we should decide the case ourselves and not relegate the matter to the District Forum as it will take more time. We have carefully gone through the orders passed by both the lower fora. They have not gone into the merits of the case but had dismissed the complaint and the appeal on the grounds by holding the petitioner not to be a consumer. Since we are setting aside the orders passed by both the lower fora the case has to go back to the District Forum for deciding the case on merits. In view of the section 22 of the Consumer Protection Act, 1986, the legality of the order cannot be made a ground to review our order. If the legality of the order is to be challenged then remedy lies else where and not before this Commission by way of exercising powers granted under section 22 of the Act.
 
          In the aforementioned circumstances, we find no merit in this review application. Dismissed.
 

            A copy of this order be sent to the review applicant.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER