NCDRC

NCDRC

RP/2865/2010

S. LILAVATHI - Complainant(s)

Versus

REGISTRAR, PONDICHERRY UNIVERSITY & ANR. - Opp.Party(s)

IN PERSON

23 Aug 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2865 OF 2010
 
(Against the Order dated null in Appeal No. of the State Commission None)
1. S. LILAVATHI
...........Petitioner(s)
Versus 
1. REGISTRAR, PONDICHERRY UNIVERSITY & ANR.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUPAM DASGUPTA, PRESIDING MEMBER
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mrs. S Lilavathi, In person
For the Respondent :NEMO

Dated : 23 Aug 2010
ORDER

We have heard Mrs. S. Lilavathi, petitioner. 2.(i) This revision petition has been filed in a somewhat unusual situation. The petitioner had filed consumer complaint no. 78 of 2006 before the District Consumer Disputes Redressal Forum, Puducherry (in short, he District Forum against the respondents / opposite parties. The complaint was dismissed by an order dated 20.03.2007 of the District Forum. Thereafter, in appeal, the Pondicherry State Consumer Disputes Redressal Commission (in short, he State Commission remitted the matter back to the District Forum for fresh trial. While the remitted complaint was under consideration of the District Forum, the petitioner filed a transfer application before this Commission, which was dismissed by this Commission order dated 01.04.2010. In the said order, this Commission, however, directed the District Forum to dispose of the complaint within four months from the date of receipt of the order. (ii). It appears that the petitioner filed two miscellaneous petitions no. 12 of 2010 and 13 of 2010 before the District Forum in February and March 2010 seeking an ex partorder against the respondents / opposite parties for failure of the latter to file written version and affidavit-in-evidence for a long period (allegedly from 05.06.2009 to 22.02.2010). However, the District Forum appears to have dismissed these miscellaneous petitions. (iii). The petitioner has approached this Commission with this revision petition against the said order without filing a copy of the order in question of the District Forum. The ground cited by the petitioner for approaching this Commission directly is that she is unable to appeal to the State Commission against the order of the District Forum on her miscellaneous applications because the State Commission is currently not functional on account of vacancy in the posts of the President and one Member. 3. While there may be some substance in the contention of the petitioner that she is unable to seek remedy against the order of the District Forum on her miscellaneous applications by filing an appeal under section 15 of the Consumer Protection Act, 1986 (in short, he Act in view of the vacancy position in the State Commission, the provisions of section 21(b) of the Act confers jurisdiction on this Commission only against orders passed by a State Commission. The said section reads as under:- 1. Jurisdiction of the National Commission Subject to the other provisions of this Act, the National Commission shall have jurisdiction (a) (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. 4. In view of the express provision of law, there is no alternative but to dismiss this revision petition in limine. We would, however, like to direct the District Forum to allow the parties to the remitted complaint file their evidence by way of affidavit and other documents, hear their say appropriately and dispose of the complaint in accordance with law, within three months from the date of receipt of this order. 5. Copy of the order may be sent directly by Speed Post to the District Forum, Puducherry as well as to the petitioner.

 
......................
ANUPAM DASGUPTA
PRESIDING MEMBER
......................
VINEETA RAI
MEMBER

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