NCDRC

NCDRC

RP/347/2021

MAHESH CHANDRA TIWARI DECEASED (THROUGH LRS) - Complainant(s)

Versus

UTTAR PRADESH AVAS EVAM VIKAS PARISHAD - Opp.Party(s)

IN PERSON

05 Aug 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 347 OF 2021
 
(Against the Order dated 02/02/2021 in Appeal No. 314/2006 of the State Commission Uttar Pradesh)
1. MAHESH CHANDRA TIWARI DECEASED (THROUGH LRS)
...........Petitioner(s)
Versus 
1. UTTAR PRADESH AVAS EVAM VIKAS PARISHAD
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :NEMO
For the Respondent :

Dated : 05 Aug 2021
ORDER

Taken up through video conferencing.

Perused the material on record.

1.       An application has been filed by the power of attorney holder and brother of the deceased petitioner seeking legal aid by way of appointment of an amicus curiae on his behalf.

2.       A copy of the State Commission’s impugned Order of 02.02.2021 is available on file. A perusal of paragraph 2 thereof shows that the matter has originated from an Order passed under Section 27 of the Act 1986 by the District Commission.

3.       A revision petition under Section 21(b) does not lie before this Commission in respect of proceedings emanating from Section 27 of the Act 1986. As such, the revision petition is not maintainable.

That being so, there is no need to consider appointment of an amicus curiae on behalf of the petitioner (deceased; through his legal heirs).

4.       The revision petition no. 347 of 2021 is dismissed as not maintainable.

The petition itself being not maintainable per se, this Commission has not entered into the questions of maintainability of the appeal before the State Commission or the merits in its disposal by the State Commission. As such, it goes without saying that the legal heirs of the deceased petitioner are free to avail other remedy as available under the law.

5.       The Registry is requested to send a copy each of this Order to all parties in the revision petition within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.        

                            

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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