Case is called out.
None is present on behalf of the revisionist. None was also present on behalf of the revisionist on 03.01.2022 and 25.03.2022. According to office report dated 25.03.2022, the revisionist has also not taken steps for service of notice upon the opposite party.
Perused the record.
This revision petition under Section 47(1)(b) of the Consumer Protection Act, 2019 has been preferred against the order dated 21.01.2021 passed by the District Commission, Haridwar in miscellaneous application No. 07 of 2021; Sh. Mansoor Ansari Vs. Sh. Jagdish Prasad, whereby the District Commission has registered the application moved by the opposite party for recall of ex-parte judgment and order dated 16.09.2019 passed in consumer complaint No. 108 of 2017; Sh. Jagdish Prasad Vs. Sh. Mansoor Ansari, as miscellaneous application and recalled the recovery certificate issued in execution application No. 60 of 2020; Sh. Jagdish Prasad Vs. Sh. Mansoor Ansari, unexecuted and issued notice to the revisionist, fixing 04.02.2021 and summoned the file of consumer complaint as well as execution application mentioned above.
This revision petition came up for hearing on admission on 28.07.2021, this Commission has passed an order that the revisionist shall appear before the District Commission and file objections against the recall application and the District Commission shall decide the same according to rules.
The record does not show that the District Commission has finally decided the above-mentioned miscellaneous application No. 07 of 2021 and has recalled the ex-parte judgment and order dated 16.09.2019 passed in consumer complaint No. 108 of 2017. The order dated 04.02.2021 passed by the District Commission shows that the revisionist was granted time to file objections against the miscellaneous application. As is stated above, this Commission per order dated 28.07.2021 has directed that the revisionist to appear before the District Commission and file objections against the recall application and the same shall be decided by the District Commission.
Having considered the totality of the facts and circumstances of this matter, we do not find any illegality in the impugned order passed by the District Commission. This revision petition fails and is liable to be dismissed.
Revision Petition is dismissed. No order as to costs.
Let the record be consigned.
A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 / 2019. The Order be uploaded forthwith on the website of the Commission for the perusal of the parties.