Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member:-
This is an application for restoration of F.A.No.2010/192 which stood dismissed for default on 14/06/2010.
We heard Adv.Mrs.V.M.Desai for the applicant and Adv.Mr.Shirish Deshpande for the respondent.
We consistently asked Ld.Counsel appearing for the applicant as to how such restoration application is tenable. She failed to answer satisfactorily. This Commission has taken a consistent view that after introduction of Section 22-A of Consumer Protection Act, 1986 (hereinafter referred as the Act) and considering the scheme of the said Act, this Commission has no power to restore the matter dismissed for default. A useful reference can be made to a decision taken by this Commission in case of Shri Suresh Harishchandra Koparkar & Ors. V/s. Shri Prithviraj Khadke & Ors., passed on 15/12/2009 in F.A.no.842/2009 and M.A.No.10/345 in Appeal no.2008/1462 on 28/01/2011 in case of Sudeshna Vihar Flat Owners Association V/s. Vrushikesh Builders and Developers.
Further this application is not filed by the applicant i.e. The New India Assurance Company Limited as required under Section 12 of the Act but it is made by and an advocate- Mrs.Varsha M.Desai. Considering the scheme of the Act, it is the applicant who has to sign and verify the application. The lawyer has no empowerment or authority to sign such application and therefore, in the given circumstances such application cannot be entertained. A useful reference on the point can be made to an opinion expressed by Delhi State Consumer Disputes Rdressal Commission, New Delhi in the matter of Bhagwan Dass Pachouri v/s. Mahanagar Telephone Nigam Limited, 2004 (2) CPR 520.
For the reasons stated above, we hold accordingly and pass the following order:-
:-ORDER-:
1. M.A.no.10/337 for restoration is not admitted and rejected accordingly.
2. In the given circumstances, there is no order as to costs.
3. Copies of the order herein be furnished to the parties as per rule.
Pronounced and Dictated on 15th February, 2011.
Nbh
