Gopal s/o Girdhardasji Rathi V/S Siddartha Hotel Delux Pvt.Ltd. - Consumer Court Case

Circuit Bench Nagpur

StateCommission

MA/12/102

Siddartha Hotel Delux Pvt.Ltd. - Complainant(s)

Versus

Gopal s/o Girdhardasji Rathi - Opp.Party(s)

P.S.Timbhare

24 Feb 2014

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA

CIRCUIT BENCH AT NAGPUR

5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1

CIVIL LINES, NAGPUR-440 001

First Appeal No. MA/12/102

(Arisen out of Order Dated null in Case No. Miscellaneous Application No. of District None)

1. Siddartha Hotel Delux Pvt.Ltd.

R/o.Mahesh Nagar,Badnera Road,Amravati

BEFORE:
	HON'ABLE MR. B.A.Shaikh PRESIDING MEMBER
	HON'ABLE MR. S.B.SAWARKAR MEMBER

PRESENT:

Adv.Kalantri

......for the Appellant

ORDER

Adv.Kalantri is present for applicant/appellant. Adv.Tembhare is present for respondent. This application is made by he applicant for restoration of the appeal bearing N.917/2007 dismissed in default by this Commission on 20/09/2012. We have heard both the advocates on the said application. The learned advocate of the respondent relied upon the judgment of Hon’ble Supreme Court in the case of Raju Hitendra Pathak Vs. Achyut Karekar and Anr. reported in 2012(1)CPR 78 (SC) in support of his submission that this Commission has no power to set aside its own order and to restore the appeal.

After going through the said decision, we find substance in his said submission. The Hon’ble Supreme Court has specifically held in the said case that the District Forums and State Commissions have not been given any power to set aside exparte orders and the powers, which are not expressly given by the statute can not be exercised. In view of the said observation, we find that as this Commission has no power to set aside its own order, dated 20/09/2012, the application for restoration of the appeal is not maintainable. Accordingly following order is passed..

ORDER

The application is rejected.

No orders as to costs.

[HON'ABLE MR. B.A.Shaikh]

PRESIDING MEMBER

[HON'ABLE MR. S.B.SAWARKAR]

MEMBER