Delhi

New Delhi

CC/1425/2008

Arun Kumar - Complainant(s)

Versus

M/S. LG Electronices - Opp.Party(s)

20 Mar 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                         NEW DELHI-110001

 

 

   Case No-CC-1425/2008                                                         Dated:

   In the matter of:  

   ARUN KUMAR

   C/0 410, Gali No. 2, Ganesh Nagar-II

   Shakarpur, Delhi-110092                                                               …… Complainant

 

Versus

1. LG ELECTRONICS

A-27, Mohan Co-operative

Industrial Area, Near IDEA Show Room

Mathura Road, New Delhi

 

2. QURESHI TELECOM

G-44, Second Floor,

Behind Walia Nursing Home

Laxmi Nagar, Delhi- 110092

 

3. ARHAM INFOTECH PVT. LTD

1/1, Regal Building Near Malik Sweets.

Connaught Place New Delhi - 110001

                                                                                                              ……. Opposite Parties

 

 

 

             

 

              ARUN KUMAR ARYA- PRESIDENT
 

                                                                           ORDER

 

            The Complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986. That the respondent No.2 contacted to the complainant at his address at Tis Hazari on 03.03.2016 for selling the mobile instrument manufactured by the respondent no. 1. The respondent no. 2 introduced himself as a dealer of the respondent no. 1.

            That the complainant was in need of the mobile phone, hence, the complainant placed the order for one mobile phone i.e. LG4410 for a sum of Rs. 15,200/-.

            That very next day i.e. on 04.03.2006 the respondent No. 2 delivered the hand set along with bill as booked by the complainant, the complainant immediately made the payment of the respondent no. 2. A copy of the bill is annexed herewith as Annexure CW-1

            In the month of that from 21.06.2006 the phone started kidding problems and it was taken to service centre of respondent no. 1 at Laxmi Nagar. The problems in the phone could not be rectified and due to this defective set the complainant sustained extreme difficulties and mental agony at the end of OP no. 1 and OP No. 2, hence this complaint.

The OP was noticed and respondent no. 1 in its reply has taken an objection of Res Judicata stating that the complaint was earlier filed by Tis Hazari Court and it was dismissed. However, it filed the reply contravening the allegations contained in the complaint. On 06.02.2009 the Ld. Predecessor Bench of this Forum has dismissed the complaint in default and the file was consigned to record room.

 The present bench was constituted on 01.01.2018. After arguments of both the parties, it was revealed that the present complaint was dismissed in default on 06.02.2009. The application for restitution of complaint was filed on 19.10.2010. The power of reviewing its orders is not within the ambit of this Forum.  In this regard, the Forum places his reliance on the judgment of 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 his application, complainant has prayed for recalling of order dated 19/12/2018. Since this Forum has no power to review its own order as per the judgement of Hon’ble Supreme Court (Supra). Hence, the application for restoration of complaint is dismissed.

In view of above, the present complaint becomes infructuous and 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.

            Pronounced in open Forum on 01/04/2019

 

   (ARUN KUMAR ARYA)

                        PRESIDENT

 

(NIPUR CHANDNA)                                               (H M VYAS)

                    MEMBER                                                           MEMBER