Uttarakhand

StateCommission

MA/21/2017

Rajneet Singh - Complainant(s)

Versus

Oriental Insurance Company Ltd. - Opp.Party(s)

Mr. J.P Shah

09 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
176 Ajabpur Kalan,Mothrowala Road,
Dehradun-248121
Final Order
 
Miscellaneous Application No. MA/21/2017
In
First Appeal No. A/15/209
 
1. Rajneet Singh
s/o Inder Singh r/o Vill. Kaproli Po. Khona, Patti Karakot, Tehri Garhwal.
Tehri Garhwal
Uttarakhand
...........Appellant(s)
Versus
1. Oriental Insurance Company Ltd.
through 4 B First floor Sachdeva Colony, Haridwar Road,Dehradun
Dehradun
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.S. Verma PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Appellant:
For the Respondent:
Dated : 09 May 2017
Final Order / Judgement

Heard learned counsel for the applicant.

This restoration application has been moved by the applicant for recalling the order dated 07.04.2017 passed by this Commission in First Appeal No. 209 of 2015, thereby dismissing the appeal in non-prosecution in absence of the appellant – applicant.

As per Section 22A of the Consumer Protection Act, 1986, only the Hon’ble National Commission has power to set aside the ex-parte order passed by it.  The State Commission or the District Forum has no power to recall or review its order.

Even otherwise, in view of the judgment of the Hon’ble Apex Court in the case of Rajeev Hitendra Pathak and others Vs. Achyut Kashinath Karekar and another; [2015 (33) LCD 1762], this Commission has no power to recall its order.  Therefore, the restoration application is dismissed.

 
 
[HON'BLE MR. JUSTICE B.S. Verma]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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