Delhi

New Delhi

EA/109/2016

Prabhat Saree Centre - Complainant(s)

Versus

M/S. New India Assurance Company Ltd. - Opp.Party(s)

26 Nov 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.Ex.No.109/2016                                 Dated:

In the matter of:

M/s Prabhat Saree Centre,

Through Prop. Sh. Ashok Kumar,

RZ-E/16, Gandhi Market,

West Sagarpur,

New Delhi-46.

.

           ……..DECREE HOLDER

VERSUS

 

M/s New India Assurance Co. Ltd.,

57, Panchkuian Road,

New Delhi.

…JUDGEMENT DEBETOR

 

ORDER

 

By way of this order, we are disposing off the application filed on behalf of Decree Holder for revival of above named Execution Petition.

 

It is stated on behalf of D.H. that the present execution petition was dismissed by this Forum vide its order dt. 21.1.2019 for non-prosecution.  The prayer was made to restore the execution petition to its original number.  Heard.

On the issue of recalling of orders passed by the District Forums, we are guided by the Hon’ble Supreme Court in Civil Appeal NO.4307 of 2007 titled as Rajeev Hitendra Pathak & Others Vs. Achyut Kashinath Karekar & Another with Civil Appeal No.8155 of 2001 M.O.H. Leathers Vs. United Commercial Bank in which it was held that

“on careful analysis of the provisions of the Act, it is abundantly clear that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute.  The District Forums and the State Commissions have not been given any power to set aside ex-parte orders and power of review and the powers which have not been expressly given by the Statute cannot be exercised”.

       

In his application, D.H. has prayed for re-opening/restoration of the present execution petition bearing No.109/19. Since this Forum has no power to review its own order as per the judgement of Hon’ble Supreme Court(Supra), the application filed by the D.H. is dismissed.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post. File be consigned to Record Room.

Pronounced in open Forum on26/11/2019.

 

 

 

(ARUN KUMAR ARYA)

PRESIDENT

 

                                    (NIPUR CHANDNA)                                                  ( H.M. VYAS )

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