ORAL

                                                M/113/2016

   Krishna Bhagya Jala Nigam Limited V/s Ms. Shashi Jindal and others

05-09-2016

Sri Anuj Kumar Srivastava, learned Counsel for the applicant appeared.

Heard learned Counsel for the applicant.

Present application has been moved by applicant for recalling order dated 27-08-2015 passed by Commission in Appeal No. 2907/2013 Krishna Bhagya Jala Nigam Limited V/s Shashi Jindal and others whereby said appeal has been dismissed in default of appellant.

It has been contended by learned Counsel for the applicant that defect in appeal had been removed by applicant before date fixed but the bench could not be apprised with this fact by registry. As such, the impugned order dated 27-08-2015 should be recalled.

In view of principle laid down by Hon’ble Apex court in the case of Rajeev Hitendra Pathak and others V/s Achyut Kashi Nath Karekak and another reported in IV(2011) CPJ 35(SC) as well as provisions of the Consumer Protection Act 1986, it is apparent that under Consumer Protection Act 1986 the District Consumer Forum or State Commission has no power to recall its earlier order.

In view of above, the application moved by applicant is rejected with liberty to take other appropriate remedy available in accordance with law.

President                                           Member

                                                                            BK

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