CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



Misc.Application No. 1161/2009 in R.P.no. 09/2009



M/s. Morpen Laboratories Ltd. Applicant

V/s.

Mr.Vinod Kumar Jain Respondent



04/08/2009



Heard Adv.Shri K.Kulkarni for the applicant and Adv.Shri S.D.Surana for the respondent. Perused the application.

This application is placed on today’s board is filed on 31/07/2009. The application by nature itself becomes infructous. As per the order dated 17/07/2009 passed in R.P.no.2392/1999 M/s. Morpen Laboratories Ltd V/s. Mr.Vinod Kumar Jain by Hon’ble National Commission, it refused to interfere with the order passed by State Commission. However, it is observed as under:

“We are not inclined to interfere with the impugned order. However, we reserve liberty with the judgment Debtor/petitioner to move application before the State Commission to bring to its notice that the matter in High Court of Himachal Pradesh was still pending and the Stay was still operating. On filing of such application, it would be open to the State Commission to decide the matter afresh without being influenced by any of the observations made by us in this order.

Revision petition is disposed of in above terms”.

Since Hon’ble National Commission did not disturb the order dated 12/05/2009 passed in Revision Petition no.09/2009 by this Commission, said order reached finality per Section 24 of Consumer Protection Act, 1986 (hereinafter referred as the Act for brevity). There is no power of review vests with the Commission. Therefore, present Misc.Application bearing No.1161/2009 requesting to reopen the revision petition cannot be entertained.

It is submitted that the execution matter is pending before the Forum below. Under the circumstances, the factual situation can be brought before the Consumer Fora in a pending proceedings. It is for the applicant to take the necessary steps accordingly. In any case, such application cannot be entertained before the State Commission since, there is no mater pending before us. Hence, we pass the following order:-



:-ORDER-:

1. Misc.Application No.1161/2009 stands dismissed.

2. No order as to costs.

3. Copies of the order herein be furnished to the parties.





(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member

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