Rajasthan

StateCommission

RP/39/2019

Dr. Rahul Gupta c/o Sir Padampat Mother and Child Health Institute J.K. Loan Hospital - Complainant(s)

Versus

Chetiram Meena s/o Ramprsad Meena - Opp.Party(s)

Naman Maheshwari

16 Aug 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

REVISION PETITION NO: 39/2019

 

Dr.Rahul Gupta c/o Sir Padampat Mother and Child Health Institute, J K Loan Hospital, SMS Hospital, Jaipur.

Vs.

Chetiram Meena s/o Ram Prasad Meena r/o village Bamanwas Pattikala Tehsil Bamanwas Distt. Sawaimadhopur & ors.

 

Date of Order 16.8.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mrs. Meena Mehta -Member

 

Mr. Naman Maheshwari counsel for the applicant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

This revision petition is filed against the final order of the learned District Forum, Jaipur 4^th dated 6.2.2019 whereby

2

the claim has been allowed against the applicant. The proceedings were ex-parte before the Forum below. By way of this revision petition the applicant has assailed the final judgment passed by the District Forum and contention of the applicant is that as per sec.17 (b) of the C.P.Act he is competent to do so.

 

Heard the counsel for the applicant and perused the impugned order.

 

It is true that the proceedings were ex-parte against the present applicant. From the judgment itself it is evident that on 10.3.2016 the Forum below has ordered to proceed ex-parte against the applicant and at that time this order has not been assailed by the applicant. Now when all proceedings are being complete and final order has been passed on the complaint, only apapeal is maintainable as provided u/s 15 of the C.P.Act.

 

In view of the above, the revision petition is not maintainable and stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

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