NCDRC

NCDRC

RP/1494/2014

L.S. SHARMA - Complainant(s)

Versus

REA BARELI DEVELOPMENT AUTHORITY & ANR. - Opp.Party(s)

MR. ANIL KUMAR MISHRA & MR. PAWAN KUMAR RAY

27 May 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1494 OF 2014
 
(Against the Order dated 18/12/2013 in Appeal No. 1865/2010 of the State Commission Uttar Pradesh)
1. L.S. SHARMA
S/O LATE SHRI PRABHU DAYAL SHARMA, R/O L/237, INDIRA NAGAR (EXTN), RDA,
RAE BARELI
U.P
...........Petitioner(s)
Versus 
1. REA BARELI DEVELOPMENT AUTHORITY & ANR.
THROUGH SECRETARY, RDA,
RAE BARELI
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Pawan Kumar Ray, Advocate with Mr. L. S. Sharma, Petitioner In-person
For the Respondent :

Dated : 27 May 2014
ORDER

PER DR. S.M. KANTIKAR, MEMBER 1. At the first instance the State Commission allowed the appeal filed by the Petitioner vide order dated 17.03.2006 and held that the District Forum has no power to recall its own order under Consumer Protection Act and gave an opportunity to the Respondents for challenging the impugned order dated 25.04.1998 afresh before the State Commission. But the Respondents did not avail the said opportunity and filed Revision Petition No. 2817/2006 before this Commission. It was dismissed on 21.09.2010 by the Bench of this Commission headed by Honle Mr. Justice Ashok Bhan and Honle Smt. Vineeta Rai granting the Petitioner/OP liberty to file the Appeal against the order dated 25.04.1998 within 30 days from the date of order and observed that if the Appeal is filed within 30 days from 25.04.1998, then the State Commission shall decide the same on merits, without objection to limitation. But, surprisingly, the State Commission not only condoned the delay with non-speaking order, but illegally remanded the matter to the District Consumer Forum, Rae Bareli, for deciding the complaint afresh, which was pending since 21 years. 2. We have perused the file and records. There is apparent error by the State Commission, and hence, in the interest of Justice, we direct the parties to appear before the State Commission, on 08.07.2014. As this complaint is pending since a longtime, the State commission is directed to hear this case on day-to-day basis and dispose it, expediously, preferably, within one month.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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