NCDRC

NCDRC

RP/4219/2014

AJAY ENTERPRISES PVT. LTD. & 2 ORS. - Complainant(s)

Versus

SHOBHA ARORA & ANR. - Opp.Party(s)

M/S. KHAITAN SUD & PARTNERS

10 Dec 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4219 OF 2014
 
(Against the Order dated 10/10/2014 in Appeal No. 113/2011 of the State Commission Delhi)
1. AJAY ENTERPRISES PVT. LTD. & 2 ORS.
REGD OFFICE AT: 8TH FLOOR, 8TH FLOOR, EROS CORPORATE TOWER, NEHRU PLACE, (THROUGH AUTHORIZED REP)
NEW DELHI - 110 019
2. SH.JAGDISH RAI SOOD, THE CHIEF MANAGING DIRECTOR,
AJAY ENTERPRISES PVT. LTD. 8TH FLOOR, EROS CORPORATE TOWER, NEHRU PLACE,
NEW DELHI - 110 019
3. MR.MD..AWAISH AKHTAR, DEPUTY GENERAL MANAGER, AND AUTHORIZED SIGNATORY,
AJAY ENTERPRISES PVT. LTD. 8TH FLOOR, EROS CORPORATE TOWER, NEHRU PLACE,
NEW DELHI - 110 019
...........Petitioner(s)
Versus 
1. SHOBHA ARORA & ANR.
W/O LATE SH.UGAR SAIN ARORA, R/O A-19, NIZAMUDDIN EAST.,
NEW DELHI - 110 013
2. VARUN ARORA, S/O LATE SH.UGAR SAIN ARORA,
R/O A-19, NIZAMUDDIN EAST.,
NEW DELHI - 110 013
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :
Ms. Priyadeep, Advocate.
and Shri S.D. Behl, Advocate.
For the Respondent :

Dated : 10 Dec 2014
ORDER

 

 

 

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

          This revision petition has been filed by the petitioner against order dated 10.10.2014 passed by Learned State Commission in Complaint No. 113/2011- Shobha Aroa & Anr.  VS. Ajay Enterprises Pvt. Ltd. & Ors.; by which application for review of order was dismissed.

          Complainant/respondent filed complaint before State Commission and Learned State Commission vide order dated 3.4.2013 allowed the application under  Order VI Rule 17 CPC filed by the complainant for amendment in the complaint.  Complainant filed amended complaint as allowed by Learned State Commission.  Opposite Party- Petitioner moved application under Section 151 CPC and submitted that amendments carried out in the complaint are against the direction of State Commission, hence, order dated 3.4.2013 may be reviewed.  Learned State Commission vide impugned order dismissed the application against which this revision petition has been filed.

          Heard Learned Counsel for the Petitioner at admission stage and perused record.

 

                                                          -3-

          Learned Counsel for Petitioner submitted that as amendments allowed by State Commission has changed the nature of complaint, Learned State Commission committed error in dismissing application filed for review of earlier order dated 3.4.2013, hence, revision petition be admitted.

          Perusal of record reveals that in application under Order VI Rule 17, complainant specifically pleaded what was to be amended in the complaint and Learned State Commission allowed that application by order dated 3.4.2013.  Learned Counsel for Petitioner admitted that amended complaint has been filed only incorporating amendments allowed by Learned State Commission but she is assailing order on the ground that allowed amendments have changed the nature of complaint.  Perusal of revision petition reveals that she has not challenged order dated 3.4.2013 and in such circumstances, that order cannot be considered in this revision petition.

          Petitioner moved application for review of order dated 3.4.2013 before the State Commission.  Learned State Commission is not empowered to review its earlier order and in such circumstances, order passed by Learned State Commission declining review of earlier order is in accordance with law and I do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed at admission stage.

          Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.

-sd-

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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