Delhi

New Delhi

CC/326/2014

Sh. Jagat Pal Singh - Complainant(s)

Versus

M/S. BPTP Ltd. - Opp.Party(s)

04 Jan 2021

ORDER

 

 

04/01/2021                                                                                                                                              R.B/326/2014.

 

Jagat Pal Singh

              Vs.

 

BPTP Ltd.

 

By way of this order, we are disposing off the application filed on behalf of complainant for recalling the order dated 3.12.2019.  Heard on application through Video Conferencing.

 

        It is stated by the counsel,  Ms. Deepti Dogra on behalf of complainant that the order dated 3/12/2019 passed by this Forum is not justified in view of the judgment of Hon’ble High Court dated 1/2/2018 in WPC No.11424 of 2016 titled as Delhi State and District Consumer Court Welfare Association(Regd.) Vs. Lt. Governor and Ors.  And prayed that the order dated 3/12/2019 be recalled and CC No.326/2014 be taken for adjudication immediately. 

Before adverting to the disposal of this application it is necessary to re-produced the order dated 3/12/2019 passed by this Forum which is as under:

Counsel for complainant states that she wants to withdraw the matter with permission to file the appropriate Forum.  The prayer is allowed and complaint is directed to be returned to complainant with annexures against acknowledgement.  The complainant is at liberty to file it before Competent Forum.  Since this Forum does not have powers to return the court fee as prayed, the complainant may approach the Registrar, Hon’ble State Commission in this regard.  The complaint is dismissed as withdrawn.  File be consigned to R/R.  Signature  of complainant taken on record.  Copy of order be given Dasti to complainant as prayed.

 

The perusal of the order dated 3/12/2019 shows that the complainant’s counsel has herself withdrawn the complaint on the ground that this Forum does not have the pecuniary jurisdiction to entertain the complaint, as such, the present complaint was dismissed as withdrawn with the direction to the office to return the complaint a/w annexures to the complainant for filing before appropriate Forum as per law.

On the issue of recalling of orders passed by the District Forums, we are guided by the Hon’ble Supreme Court in Civil Appeal NO.4307 of 2007 titled as Rajeev Hitendra Pathak & Others Vs. Achyut Kashinath Karekar & Another with Civil Appeal No.8155 of 2001 M.O.H. Leathers Vs. United Commercial Bank in which it was 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 ex-parte orders and power of review and the powers which have not been expressly given by the Statute cannot be exercised”.

       

In the application, complainant has prayed for recalling of order dated 3/12/2019, since this Forum has no power to review its own order as per the judgement of Hon’ble Supreme Court(Supra), the application filed by the complainant is dismissed.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post.

        File be consigned to Record Room.

 

 

 

( ARUN KUMAR ARYA )

PRESIDENT

 

 

(DR. R.C. MEENA )

MEMBER