Uttarakhand

StateCommission

MA/15/1

HDFC Bank - Complainant(s)

Versus

Bhuvnesh Kumar Sharma - Opp.Party(s)

Mr. J.P. Nautiyal

09 Apr 2015

ORDER

This restoration application has been filed for recall of the order dated 09.03.2015, thereby dismissing the appeal in default of the applicant/appellant.

The order sheet indicates that on the said date neither the applicant nor its counsel appeared before the Commission. This Commission vide order dated 04.08.2014 passed a specific order that no further adjournment in this case shall be granted.

The appeal preferred with a delay of 124 days and after perusal of the record, we came to the conclusion that no reasonable explaination was extended in the affidavit filed for condonation of delay. We, accordingly, dismissed the delay condonation application as well as dismissed the appeal in default of the appellant.

The Hon’ble National Commission in the judgment reported in IV (2011) CPJ 666 (NC); B. Srinivasa Rao vs. Tafe Access Ltd. & Anr., has specifically observed that the power to recall an order or to review an order lies only with the Hon’ble National Commission and there is no comparable provision under Section 17 of the Act defining jurisdiction of the State Commission.

          The Hon’ble National Commission in another judgment reported in II (2012) CPJ 255 (NC); Nitin Mehta & Ors. Vs. Prashant Kumar Vijay Kumar Jain, has also observed that there is no provision under the Act for recall or review of any order passed by State Commission.

Therefore, in view of the aforesaid decisions we find ourselves unable to recall the order dated 09.03.2015.  Accordingly, the restoration application is dismissed.