Rajasthan

StateCommission

MA/39/2018

Rajasthan Housing Board - Complainant(s)

Versus

Smt. Shashi Agarwal w/o Suresh Chand - Opp.Party(s)

04 Jan 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

MISCELLANEOUS APPLICATION NO: 39/2018

 

Rajasthan Housing Board through Chairman, Near Legislative Assembly, Jaipur & ors.

Vs.

Smt.Shashi Agarwal w/o Suresh Chand r/o A 117 Janta Colony, Jaipur.

 

 

Date of Order 4.1.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mrs. Meena Mehta -Member

 

Mr.Shailesh Prakash Sharma counsel for the applicant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This miscellaneous application for recalling the order passed in First Appeal No. 1466/2016 dated 9.10.2018 is submitted.

 

On the very outset the application is not maintainable as the State Commission has no competence to recall or review its earlier order.

 

Heard the counsel for the applicant on the issue.

 

Earlier Appeal No. 1352/2016 filed by the consumer appellant was decided on 1.2.2017 wherein the issue was raised by the appellant that rate prevailing on 1993 should have been charged. The Commission was of the opinion that the Forum below has rightly ordered to charge the rate prevailing in the year 2007 and the appeal was dismissed accordingly. Thereafter Appeal No. 1466/2016 is being preferred by the Housing Board only on the ground of delay and impugned appeal was allowed only on ground of delay. In view of the

 

 

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above, it cannot be said that any contradictory order has been passed.

 

Hence, in view of the above the application is not maintainable and so also there is no merit in the application and stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

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