Uttarakhand

StateCommission

MA/12/68

L.I.C. of India - Complainant(s)

Versus

Rajendar Kumarn Jain - Opp.Party(s)

11 Sep 2014

ORDER

State Consumer Disputes Redressal Commission Uttarakhand
176 Ajabpur Kalan
Mothrowala Road Near Spring Hills School Dehradun
Final Order
 
Miscellaneous Application No. MA/12/68
In
 
1. L.I.C. of India
Haridwar Road, Dehradun.
 
BEFORE: 
 HON'ABLE MR. JUSTICE B.C. Kandpal PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 
For the Appellant:
For the Respondent:
ORDER

11.09.14 : This application has been filed by LIC–appellant against the order dated 30.05.2012, thereby dismissing the appeal filed by the appellant for want of prosecution as well as in default.

Learned counsel for the appellant has submitted that the appeal was dismissed on the ground that the steps were not taken by the appellant in compliance of the order passed by this Commission.  Hence, the appeal was dismissed for want of prosecution as well as in default.

The Hon’ble National Commission in judgment reported in IV (2011) CPJ 666 (NC); B. Srinivasa Rao vs. Tafe Access Ltd. & Anr., has observed that there is no comparable provision under Section 17 of Act defining jurisdiction of State Commission.

The Hon’ble National Commission in another judgment reported in II (2012) CPJ 255 (NC); Nitin Mehta & Ors. Vs. Prashant Kumar Vijay Kumar Jain, has also observed that there is no provision under Act for recall or review of any order passed by State Commission.

In view of the aforesaid judgments, this Commission does not have any power to recall its own order.  Accordingly, the application for recall of the order dated 30.05.2012 is hereby dismissed.

 

 
 
[HON'ABLE MR. JUSTICE B.C. Kandpal]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER

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