Delhi

New Delhi

CC/101/2019

MEENA VIDROHI - Complainant(s)

Versus

M/S. Parsvnath Developers Ltd. - Opp.Party(s)

20 Nov 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC/No.101/2019                                Dated:

In the matter of:

Ms. Meena Vidrohi,

W/o Rahul

WZ-105, Mukherjee Park,

New Delhi.

.

           ……..Complainant

VERSUS

 

M/s Parasvnath Developers Ltd.,

6^th Floor, Arunchal Building,

19, Barakhamba Road,

New Delhi.

Opposite party

 

ORDER

 

The complainant has filed the present complaint alleging deficiency in services on the part of the OP.  Perusal of the file shows that the complainant has earlier filed the similar complaint against the OP and same was dismissed by this Forum vide its order dt. 6.9.2018 for non-prosecution.  The admission of the present complaint would lead to the review of the dismissal order passed by this Forum earlier. Heard.

 

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 view of the above, since this Forum has no power to review its own order as per the judgement of Hon’ble Supreme Court(Supra), the present complaint 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 on20/11/2019.

 

                                                      (ARUN KUMAR ARYA)

                                                              PRESIDENT

 

                      (NIPUR CHANDNA)                                                  ( H.M. VYAS )

                               MEMBER                                                                MEMBER