Haryana

Gurgaon

CC/127/2016

Sanjay Mirsa - Complainant(s)

Versus

Mr. Vinod Arora Unitech service center - Opp.Party(s)

Complaint In person

10 Mar 2016

ORDER

Sujaya Misra                   Vs      Unitech Service

 

Present        Ms. Sujaya Misra applicant in person.

 

                  

 

                   File taken up on Misc. Application filed by the applicant-for restoration of complaint which was dismissed as withdrawn on 19.02.2016.

                      Heard.

                      However, this Fora has no jurisdiction for recalling/reviewing of its own Orders under the provisions of the Consumer Protection Act,1986  as held by the   Hon’ble Supreme Court in its three Judge Bench  decision in case Rajeev Hitendra Pathak & Others Versus Achyut Kashinath Karekar and Another 2011 (4) RCR (Civil) 175  wherein the Hon’ble Supreme Court while discussing provisions of Section 22 and 22-A of The Consumer Protection Act, 1986 as well as Regulation 13 (4) of The Consumer Protection Regulations, 2005 has held

“That on careful analysis of the provisions of the Act, it is abundantly clear that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute. The District Forums and the State Commissions have not been given any power to set aside exparte orders and power of review and the powers which have not been expressly given by the Statute cannot be exercised. The legislature chose to give the National Commission power to review its exparte orders.”

Accordingly, in view of the law laid down by the Hon’ble Supreme Court this Fora has no jurisdiction/power to review its own orders when there is no such

                  

                                                -2-

 

provisions under The Consumer Protection Act, 1986. Accordingly, the Application is not maintainable and hence dismissed.

                   However, from the perusal of complaint the complainant has impleaded three opposite parties  and all the three OPs are situated at Delhi and  none of them is situated at Gurgaon and as such no cause of action arose within the territorial jurisdiction of this Forum  wholly or in part at Gurgaon and as such we hold that this Forum has got no territorial jurisdiction to adjudicate upon the matter in view of the law laid down by Hon’ble Apex Court in Sonic Surgical Vs National Insurance Co. Ltd 2010 CTJ 2 (SC) (CP).

                   File be consigned to the records after due compliance.

 

                                                Member       Member       President,

                                                                                      DCDRF, GGN

                                                                                      10.03.2016