Haryana

Karnal

MA/3/2016

Sandeep Kumar - Complainant(s)

Versus

M/s Flipkart - Opp.Party(s)

Abhay Sahu

25 May 2016

ORDER

          Sandeep  Kumar    Vs.  M/s Flipkart & Others.

 

Present: Shri Abhey Sahu Advocate for opposite parties/JDs no.1 and 2.

         

              Opposite parties/JDS no.1 and 2 have filed the present application under section 152 readwith section 151 of Code of Civil Procedure for correction of the order dated 1.4.2016. It has been submitted that due to accidental slip, omission or inadvertance this Forum has directed the opposite parties no.1 and 2 to refund the price of Laptop of the complainant, whereas such direction was required to be issued to the opposite party no.3. Moreover, this Forum has not given any direction to the complainant to return the laptop. Therefore, the order is liable to be correct/rectified.

                   Heard. The Code of Civil Procedure as a whole is not applicable to the proceedings under the Consumer Protection Act and only such provisions as mentioned under section 13(4) of the Act are applicable. Therefore, the application under sections 151 and 152 of Code of Civil Procedure filed by opposite parties no.1 and 2/JDS is not maintainable. Even otherwise, the District Consumer Forum has no power to review its order. In this regard reference with advantage may be made to the judgment of the Hon’ble Supreme Court in Rajeev Hitendra Pathak and ors. Vs. Achyut  Kashinath Karekar and another  2011(4) RCR Civil 175.  Therefore, the application is dismissed being not maintainable. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 25.5.2016

                                                                                       (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member