DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 177/2023    

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri  Abhijit Basu………………. Member.

Order No.04

Dated. 02.11.2023

Today is fixed for order in respect of the petition filed by the O.P which has registered as M.A Case no. 183/2023.

Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P No. 2 is present. Record is put up for order. Perused the petition dated 30/10/2023 filed by the O.P.

He stated in the petition that he could not file W/V in due time relating to his prolonged treatment and for that reason case is running ex-parte against him. He prayed for vacating of the order by which case is running ex-parte against him.

In this context we are relying with the decision of Hon’ble S.C.D.R.C vide no. RP/61/2022 dated 21.09.2022 (Arun Panja Vs. Kanka Beja). We find that Hon’ble S.C.D.R.C pleased to held that Ld. District Commission has no power or jurisdiction to accept the written version beyond the statutory period prescribed under the Act i.e. 45 days in all.

Hon’ble Supreme Court in a decision Lucknow Development Authority Vs. Shyam Kapoor (Civil Appeal No. 936/2013 decided on 05/02/2013) wherein earlier judgment of Hon’ble Supreme Court passed in connection with the case namely Rajiv Hitendra Pathak’s case (Supra) was relied and it was held that “The District Forum and the State Commission have not been given any power to set aside ex-parte order and power review and the powers which have not been expressly given by the statute cannot be exercised.”

In view of above, it is clear before us that this Commission has no jurisdiction to vacate its own order.

Accordingly we find that petition filed by O.P on 30/10/2023 which registered as M.A. Case no. 183/2023 is devoid of merits.

Hence,

It is ordered:-

That the petition dated 30/10/2023 filed by the O.P which registered as M.A. case no. 183/2023 is dismissed on contest but without any order as to costs.

The M.A. Case No. 183/2023 is thus disposed of.

To 15/02/2024 for filing evidence by the Complainant.

                    Member                                           President