Uttarpradesh State Vidut Prishad & others. V/S Smt. Laxmi Devi - Consumer Court Case

Uttarakhand

StateCommission

MA/13/8

Smt. Laxmi Devi - Complainant(s)

Versus

Uttarpradesh State Vidut Prishad & others. - Opp.Party(s)

25 Sep 2014

ORDER

State Consumer Disputes Redressal Commission Uttarakhand

176 Ajabpur Kalan

Mothrowala Road Near Spring Hills School Dehradun

Final Order

Miscellaneous Application No. MA/13/8

Miscellaneous Application No. MA/11/100

1. Smt. Laxmi Devi

W/o Late Sh. Lakhi Ram , Village Umadpur, Pargana- Pchavadun, Distt- Dehradun.

BEFORE:
	HON'ABLE MR. JUSTICE B.C. Kandpal PRESIDENT
	HON'BLE MRS. Veena Sharma MEMBER

For the Appellant:

For the Respondent:

ORDER

25.09.2014: This restoration application has been filed by the applicants for recalling the order dated 12.10.2012 passed in Misc. Application No. 100 of 2011, by virtue of which the said restoration application moved by the applicants was dismissed.

The facts of the case are that a consumer complaint was received by this Commission from State Commission, Lucknow on 18.03.2005. This Commission vide order dated 06.06.2005, dismissed the said consumer complaint.

A restoration application bearing Misc. Application No. 100 of 2011 was moved by the applicants on 20.05.2011 for recalling the order dated 06.06.2005, thereby dismissing the consumer complaint, but the said restoration application was dismissed on 12.10.2012, on the ground that none appeared on behalf of the applicants, who filed the restoration application with a delay of 5 years 10 months and 14 days.

Now this restoration application has been preferred on 26.02.2013 for recalling the order dated 12.10.2012, which is now placed before us for appropriate orders.

Today again, none is present on behalf of the applicants, who seek the relief for recall of the order dated 12.10.2012. Learned counsel for opposite party No. 1 – Uttar Pradesh State Electricity Board is present.

This restoration application for recall of the order dated 12.10.2012 has been preferred with a delay of 106 days. Since none is present on behalf of the applicants to press the delay condonation application as well as the restoration application, therefore, we do not have any other option except to dismiss the same in default of the applicants. Moreover, we also make it clear that this Commission does not have any power to recall any order passed in it in view of the decisions of the Hon’ble National Commission rendered in the case of Nitin Mehta and others Vs. Prashant Kumar Vijay Kumar Jain; II (2012) CPJ 255 (NC) and B. Srinivasa Rao Vs. Tafe Access Ltd. and another; IV (2011) CPJ 666 (NC).

In view of above, the delay condonation application as well as the restoration application are hereby dismissed.

[HON'ABLE MR. JUSTICE B.C. Kandpal]

PRESIDENT

[HON'BLE MRS. Veena Sharma]

MEMBER