State Consumer Disputes Redressal Commission
M/S Jiwanjyoti Deposits And Advances ... vs Sh. Pohlo Ram. on 18 May, 2022
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA.
Revision Petition No.: 29/2022
Date of Presentation: 23.04.2022
Date of Decision: 18.05.2022
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M/s Jiwanjyoti Deposits and Advances Ltd. RO & HO Jiwanjyoti
Shopping Complex Mehre, Tehsil Barsar, District Hamirpur.
......... Petitioner/opposite party
Versus
Pohlo Ram S/o Sh. Duni Chand R/o Village Neri, P.O.
JaureAmb, Tehsil Barsar, District Hamirpur, H.P.
....... Respondent/complainant
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Coram
Hon'ble Justice Inder Singh Mehta, President
Hon'ble Ms. Sunita Sharma, Member.
Hon'ble Mr. R.K. Verma, Member.
Whether approved for reporting?1
For the Petitioner : Mr. Ashish Sharma, Advocate.
For the Respondent : None.
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Justice Inder Singh Mehta
O R D E R:
Present revision petition is preferred against the order dated 05.03.2022, of learned District Commission, Una camp at Hamirpur, in Review Application No.17/2022, titled M/s Jiwanjyoti Deposits and Advances Ltd. Versus Pohlo Ram.
2. Learned counsel of the petitioner has submitted that the order of District Commission below is not sustainable in the eyes of law on the basis of facts and evidence on record. Learned 1 Whether Reporters of the local papers may be allowed to see the order?
M/s Jiwanjyoti Deposits and Advances Ltd. Versus Pohlo Ram R.P. No.29/2022 counsel on behalf of the revisionist has further submitted that at the point of time he was in Hamirpur jail. The petitioner in its revision petition seeks the following prayer :-
"It is therefore, prayed that the order dated 05.03.2022 passed in Misc application No.17/2022 may kindly be set aside and directions may kindly be issued to the court below to afford due opportunity of putting up his defence to the revisionist/ opposite party in the interest of justice by allowing this revision."
3. The impugned order dated 05.03.2022 passed by the learned District Commission below is reproduced as under:-
"05.03.2022 Present:- Sh. Ashish Sharma, Advocate, for applicant.
Present review petition U/s 40 of the Consumer Protection Act, 2019 has been filed by the Review Petitioner/ OP to review the final order passed in CC No.04/2021 on 09.09.2021 on various grounds.
It be registered.
At this stage, let notice be issued to respondent/ complainant returnable on 26.04.2022. To show his bonafidely, the Review Petitioner/ OP is directed to deposit 50% of awarded amount along with interest within one month before this commission"
4. Further order passed by the District Consumer Disputes Redressal Commission, Una camp at Barsar, District Hamirpur HP is an ex-parte order dated 09.09.2021, which is a substantive order, as per copy of order placed on record.
5. In the instant revision petition, the petitioner has not challenged the ex-parte order dated 09.09.2021 which is a substantive order and the same is sine quo non. The revisionist cannot be allowed to file revision petition against its own review order dated 05.03.2022 without challenging the substantive order. 2
M/s Jiwanjyoti Deposits and Advances Ltd. Versus Pohlo Ram R.P. No.29/2022
6. Therefore, the present revision petition is not maintainable in the present form. However, the revisionist is at liberty to challenge the substantive order i.e. ex-parte order dated 09.09.2021 passed in Consumer Complaint No.04/2021 as per law. Hence, the revision petition is dismissed in limini.
7. A copy of the order be sent to each of the parties, free of costs, as per Rules. Certified copy of order be sent to learned District Commission below forthwith and file of State Commission be consigned to record room after due completion. Pending application(s) if any also disposed of.
Justice Inder Singh Mehta President Sunita Sharma Member R.K. Verma Member 18.05.2022 DKM 3