Per Mr S M Shemole, Hon’ble Presiding Judicial Member

1.        This is an application for restoration of complaint bearing No.9/2007 which came to be dismissed for default on 07.04.2011.

2.      Heard Adv. Mr D H Vidhani, appearing for applicant. He has submitted that on the date of hearing of the complaint complainant as well as its counsel could not remain present and therefore, the complaint came to be dismissed for default.

3.      According to him in the interest of justice, it is just and necessary to restore the complaint.  Further pointing out the provisions from Rent Control Act and provision of Order 9 Rule 4 of CPC, he has submitted that the complaint, which is dismissed for default can be restored.  But we find no force in the submission of Adv. Mr Vidhani for applicant.  Firstly, because the provision of Rent Control Act as well as Order 9 Rule 4 of CPC are not applicable to the CPA 1986.  There is no provision in this CPA 1986 to restore the complaint, dismissed for default. This State Commission does not have inherent powers u/S 151 of CPC. Therefore, there is no such provision to restore the complaint dismissed for default, since this is a summary jurisdiction.  In the absence of any specific provision, no complaint, which is dismissed for default, can be restored. Hence, this application stand rejected.

          Pronounced on 02.08.2011.