The case has been fixed for necessary order. The O.P.No-1 filed a petition and vide this petition no- 2059/23 prays for dismissal of the present consumer case filed before this commission.
The O.P.No-1 stated that he filed an application for the maintainability of the instant case before this commission, but the commission vide an order dtd. 29/6/2018 dismissed the said petition filed by the O.P.No-1. Thereafter, the O.P.No-1 challenged the said order of this commission before the Assam State Consumer Disputes Redressal Commission by way of filing an appeal F.A.No-42/2018 but vide order dtd. 27/5/2022 the Hon’ble State Commission dismissed the same.
The O.P.No-1 stated in his petition that he preferred a revision petition challenging the said order dtd. 27/5/2022 and 29/6/2018 passed by the Hon’ble Assam State Consumer Disputes Redressal Commission and District Consumer Disputes Redressal Commission, respectively , before the National Consumer Disputes Redressal Commission . The revision petition was registered and numbered as Revision Petition- 1186/22 and along with the said Revision Petition , the O.P.No-1 also filed an I.A.Application (stay petition ) no. being IA/8667 . 8668/2022 for staying of the impunged orders of both the commissions below.
The Hon’ble National Commission vide order dtd. 28/9/2022 was pleased to stay the operation of the impunged order dtd. 27/5/2022 of the Hon’ble State Consumer Disputes Redressal Commission , and order dtd. 29/6/2018 passed by the District Consumer Disputes Redressal Commission.
We have gone through the order of the Hon’ble National Consumer Disputes Redressal Commission wherein the Hon’ble Commission has held in last para of the order which is as below-
“Respectfully, following the aforesaid principle laid down by the Larger Bench of this “Commission in the case of Manu Sonaki(Supra), I am of the considered opinion that the complaint preferred by the respondent herein before the District Forum is not maintainable. The revision petition succeeds and is allowed.The consumer complaint no-122/2016 filed by the complainant/respondent herein stands dismissed.”
Petition no-2059/23 filed by the O.P.No-1 is allowed.
Accordingly, the case is dismissed.