West Bengal

Howrah

MA/65/2017

MOHAN KUMAR SINGH - Complainant(s)

Versus

Tata Motors Finance Ltd - Opp.Party(s)

20 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/65/2017
In
Execution Application No. EA/13/115
 
1. MOHAN KUMAR SINGH
son of Vishwa Nath Singh, 27, Goshal Road, P.S. Bally, Howrah 711204
...........Appellant(s)
Versus
1. Tata Motors Finance Ltd
Akruti, SMC 3rd floor, Khopat Junction, LBS Marg, Thane West Mumbai, PIN 400 602
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Abdul Kuddus PRESIDENT
 HON'BLE MRS. Smt. Banani Mohanta, Ganguli MEMBER
 HON'BLE MR. Sajal Kanti Jana MEMBER
 
For the Appellant:
For the Respondent:
Dated : 20 Dec 2017
Final Order / Judgement

Order No.    1                                                                          Date : 20.12.2017.

            Record is put up today in view of application filed on behalf of JDR to recall the order dated 11.12.2017 passed by this Forum and to pass further order along with photo copy of final order / judgment dated 11.8.2017 passed by the Hon’ble State Commission in connection with  First Appeal no. A/824/2016.

Copy served. Let it be registered as M.A. Case no. 65 of 2017. M.A.  is taken up for hearing.

            Ld. advocate for the decree holder is absent. Ld. advocate for the JDR is  present.

            Heard. Perused the contents of this petition and the copy of order dated 10.8.2017 passed by the Hon’ble State Commission and order no. 23 dated 16.10.2017 passed by this Forum and order no. 24 dated 11.12.2107 passed by this Forum.   

            It appears that this JDR has made prayer before this Forum to recall its order no. 24 dated 11.12.2107.

            Let us see whether this Forum has got any  jurisdiction  to recall its own order ? We find that there is no provisions in C.P. Act, 1986, empowering this Forum to recall its own order.  It has been observed by the Hon’ble National Commission reported in 2017(3) CPR page 175 (NC) interalia “that the Forum has no jurisdiction to recall its own order.

            In view of the above observation of the Hon’ble National Commission we find that this Forum has got no jurisdiction to recall its own order. So this Forum has got no jurisdiction to recall its order no. 24 dated 11.12.2017.

            Hence,

                                  O r d e r e d

            That the application filed on behalf of JDR through its advocate is hereby rejected.

            Thus M.A. case being no. 65 of 2017 be and the same is hereby disposed of. 

            To date.

 
 
[HON'BLE MR. Abdul Kuddus]
PRESIDENT
 
[HON'BLE MRS. Smt. Banani Mohanta, Ganguli]
MEMBER
 
[HON'BLE MR. Sajal Kanti Jana]
MEMBER

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