Delhi

East Delhi

MA/109/2023

KAMALA KANT SINGH - Complainant(s)

Versus

M/S NAV GRIH DEVELOPERS & ORS. - Opp.Party(s)

24 Jul 2023

ORDER

Present        :         Sh. Kritendra Tiwari Counsel for Complainant

                             Sh. Abhyanand Singh Counsel for OP

 

OP3 has filed an application i.e. MA No.109/2023 for recalling the Order dated 11.01.2023 by which OP3 was proceeded Ex-parte.  Various facts have been mentioned in the application thereby explaining as to why OP3 could not appear before the Commission and it is ultimately prayed that in the interest of justice application of OP3 be allowed and Ex-parte proceedings against OP3 be set-a-side.  Commission has enquired from the Ld. Counsel for OP3, as to under what provision this application can be entertained by this Commission, as apparently there no provision in Consumer Protection Act by which Ex-parte Order can be set-a-side, as apparently there is no such provision.  Heard.  Without referring any opinion on the merits on this application or on the facts as mentioned, it is ordered that present application before this Commission is not maintainable as there is no such provision under CPA-2019 by which the District Commission can exercise power to set-a-side Ex-parte Order/Proceedings.  Complainant has filed Written arguments.  Copy given.  Put up on 18.10.2023 for arguments.