Circuit Bench Nagpur

StateCommission

RA/MA/917/2009

W.C.L. - Complainant(s)

Versus

NEW INDIA ASSURANCE - Opp.Party(s)

ADV MESHRAM

07 Jul 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
Revision Petition No. RA/MA/917/2009
(Arisen out of Order Dated null in Case No. of District )
 
1. W.C.L.
NAGPUR
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
  HON'BLE N. ARUMUGAM MEMBER
 
PRESENT:
None
 ......for the Petitioner
 
None
 ......for the Respondent
ORDER

 

Per Mr P N Kashalkar, Hon’ble Presiding Member


 

          None is present for the applicant.


 

In view of the order dtd.20.04.2002 passed in Appeal No. A/08/261 appeal was partly allowed and Insurance Co which was appellant as well as respondent No. 4 - Chief General Manager, WCL, Nagpur and respondent No. 5 Superintendent of Mines, Patansawangi, Dist. Nagpur were directed to pay a sum of Rs.5,00,000/- jointly and severally to the complainant. Aggrieved by this order, WCL filed this Review Application No.917 alongwith condonation of delay application bearing No.MA/09/916


 

It is pertinent to note that the State Commission, under CPA 1986, has no power to review its own order. Power of review is available only to the National Commission as per Sec. 22 (2) and not to State Commission. On this ground alone the Review Application as well as condonation of delay application will have to be dismissed.


 

The only course open to WCL is to approach the National Commission by filing revision petition against the order passed by this Commission in appeal bearing No.A/08/261 preferred by the New India Assurance Co. Ltd.


 

In the circumstances, we pass the following order:-


 

ORDER


 

1.Review application stands rejected.


 

2.Inform the parties accordingly.


 

          Pronounced on 07.07.2011.


 

 
 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
 
[ HON'BLE N. ARUMUGAM]
MEMBER

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