NCDRC

NCDRC

RA/212/2013

SATBIR & ANR. - Complainant(s)

Versus

UHBVNL & 2 ORS. - Opp.Party(s)

MR. AMIT YADAV & MR. ANIL MALIK

14 May 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVIEW APPLICATION NO. 212 OF 2013
 
IN
RP/598/2013
1. SATBIR & ANR.
...........Appellants(s)
Versus 
1. UHBVNL & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Appellant :NEMO
For the Respondent :NEMO

Dated : 14 May 2013
ORDER

DATED 14th May, 2013 (IN CHAMBER) ORDER This order shall decide the application for review and recall of the order dated 09.04.2013, filed by the petitioners. It is stated that in view of the office report made by the Registry of this Commission, the petitioners had withdrawn the instant revision petition. The petitioners/ complainants were awarded a sum of Rs.1,50,000/- as compensation on account of death of Surinder, without applying the Multiplier Method as prescribed under the Motor Vehicles Act and various principles laid down by the Honle Apex court in various decisions, in awarding compensation in case of death. A connected matter was disposed of by this Commission on 04.04.2013 (RP Nos. 372/2013 & 373/2013). The petitioners, in the instant case have withdrawn the said revision petition. Thereafter, the petitioners have moved an application for review, the relevant paras of which are re-produced as under:- . That after going through the said order, the counsel for the petitioners found some inconsistencies and, therefore, he checked the status of Revision Petition No.373/2013 on the internet and found that the Revision Petition No.373 of 2013 was filed by the UBHVNL and the Petitioners herein were wrongly shown as petitioners in the said order dated 04.04.2013 in Revision Petition No.373/2013. Hereto marked and annexed as Annexure P-3 is the true copy of the internet printout of the case status in Revision Petition No.373 of 2013. 6. That in view of the aforesaid circumstances, the petitioners had withdrawn the said Revision Petition, therefore, in the interest of justice clarify and recall the order dated 09.04.2013, passed in Revision Petition No.598/2013 and the same be heard on merits. PRAYER It is, therefore, most respectfully prayed that this Honle Commission may graciously be pleased to :- a) to clarify the order dated 09.04.2013 passed in Revision Petition No.598/2013; b) to recall the order dated 09.04.2013 passed in Revision Petition No.598/2013; c) to restore the Revision Petition No.598/2013 and; d) pass any other or further orders as this Honle Commission may deem fit and proper in the interest of justice. AND FOR THIS ACT OF KINDNESS THE PETITIONER(S) IS DUTY BOUND SHALL EVERY PRAY We have seen the impugned order. The counsel for the petitioner has made the statement, of his own accord. There was no pressure from the Commission. This is not the sweet will of the petitioners to withdraw the case and ask the Commission to restore it. This Commission is not a ame of Russian Roulette One cannot withdraw the revision petition when he finds that the odds are against him and cannot get it restored when the odds are in his favour. The review petition has no force and, therefore, the same is dismissed.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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