Order No. 8  dtd.15.02.2023

                        The R.A. Case No 1/2022 arising out of C.C.Case No. 13/2020 filed by the Jdr with an application U/S-40 of C.P.Act, 2019. The Review Petitioner being aggrieved by the ex-parte order passed against him on 4.7.2022 by this Commission. The JDR to substantiate its case filed medical certificate due to suffering and could not participated in proceeding due to mis-delivered of notice to its family member who did not know the nature has ever been sent on him. The delay in filing RA due to illness and for condonation of delay. The Complainant grievances already solved at best of their  effort and every time the Complainant not paid charges and at fault every times. The Complainant not serviced its vehicle as per manual specification and delt with unskilled hands every times and the same vehicle came to him after accident. The vehicle damaged in accident and kilometer Speedo meter wire removed and it was opined by our technician the vehicle ran much more than specification before free service and paid service.

                       The DHR sufficiently noticed by this Commission on dt. 12.09.2022 and the same received by DHR but could not file any counter before this Commission. As a consequence the RA heard without participation of the DHR and further  this Commission  can’t wait to the will  of the DHR for adjudication. The JDR referred us to reported case Benoy Krishna Musariee vs Mohanlal Honka AIR 1950 cal 287 every Court has an inherent power to recall its own order obtained dishonest, the JDR further submitted that due to Covid-19 the family member affected in corona virus and he also affected and the family remained outside the workplace for which no steps taken this Honbl’e Commission should not passed such a order without hearing affected party. If the RA petition not allowed the JDR will suffer irreparable loss and mis-carriage of justice cause  to him. The vehicle have been running for more than 4 years which value decreasing day by day it should not be replace or its value not as before 5 years. No notice served 2^nd time to attend the case therefore the same may be recalled.

O R D E R

                        Taking into facts and circumstances involved and materials available on record this Commission considered view that, the RA should be allowed in interest of justice and the order passed on dt. 4.7.2022 recalled, resultantly the previous order C. C. Case No. 13/2020 recalled and pronounced in Open Court on this the 15^th day of Feb-2023.On the above order the R.A No. 1/2022 is allowed.

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