This appeal arises from the order dated 24.08.2004 by which the State Commission has dismissed C.M.A No.859 of 2004 filed by the appellant/complainant seeking restoration of his complaint no.194 of 1999 which had been earlier dismissed vide an order dated 14.8.2003 in the absence of the complainant on the ground that the complaint was barred by limitation. The application was moved after unusual delay of 240 days of the dismissal of the complaint and, therefore, considering and taking note of these events, the State Commission rejected the said application.

 

We have heard the learned counsel for the respondent but had not the occasion of hearing the say of the appellant as none appeared for them at the time of hearing of the appeal despite sufficient waiting. The appeal being an old one, we proceed to dispose of the same.

            We have considered the grounds set up in the appeal and in view of the factual position, the complaint so filed by the complainant/appellant before the State Commission was filed beyond the limitation as prescribed by Section 24A of the Consumer Protection Act 1986, the State Commission was fully justified in dismissing the complaint. Misc. application filed before the State Commission for setting aside the order was misconceived before the State Commission as the State Commission has no power or jurisdiction to recall or review its own order dismissing the complaint on the ground that it was barred by time. In the peculiar facts and circumstances of the case, we find that the appeal has no merits and we accordingly dismiss the same.