State Consumer Disputes Redressal Commission
M/S.Ess Ess Constructions, Hyderabad ... vs M/S. United India Insurance Co. Ltd., ... on 17 October, 2012
A BEFORE THE A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT: HYDERABAD. FAIA.No.2394/2012 in FA.No.1091/2009 against C.C.No. 175/2008, District Forum-III, Hyderabad. Between: M/s.ESS ESS Constructions, Flat No.13, HIG, Block-2, APHB Colony, Baghlingampally, Hyderabad 500 044,Rep. by its Managing Partner, Mr. Y.Anil Kumar Reddy. .Petitioner/Complainant. And M/s. United India Insurance Co. Ltd., Divisional Office at 10-5-5/4, Crystal Plaza, I & II Floor, Banjara Hills Road, Masabtank, Hyderabad. Respondent/Opp.Party. Counsel for the Petitioner : Mr.Manne Hari Babu. Counsel for the Respondent : Mr.E.Venugopal Reddy. QUORUM: THE HONBLE JUSTICE SRI D.APPA RAO, PRESIDENT, AND SMT.M.SHREESHA, HONBLE MEMBER.
WEDNESDAY, THE SEVENTEENTH DAY OF OCTOBER, TWO THOUSAND TWELVE.
Oral Order: (Per Smt. M.Shreesha, Honble Member.) *** This application is filed by the complainant to correct a typographical mistake crept in the order of this Commission dated 07.03.2011 in FA.No.1091/2009.
Heard.
After a detailed discussion of various provisions of the Act in the case of Rajeev Hitendra Pathak Vs. Achyut Kashinath Karekar reported in 2011 9 SCC 541, the Apex Court came to the following conclusion.
34. 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.
Further, as noticed by the Apex Court in its judgement in the above mentioned case, the only powers of a Civil Court under the Code of Civil Procedure, 1908, which are also conferred on a Consumer Forum, are those specifically contained in Section 13(4) of the Act. It is nobodys case that there is any other provision in the Act (or, the Rules framed thereunder) which is akin to section 152 of the Code of Civil Procedure, 1908 (CCP). Inasmuch as the Consumer Fora derive their powers from the express provisions of the Act, it has to be held that the State Commissions and the District Forums do not have the power to correct clerical or arithmetical mistakes in the orders passed by them. We also rely on the judgment of the National Commission R.P.No.1959/2011 and R.P.No. 3029/2011, and therefore, we are of the opinion that this Commission has no power to exercise such jurisdiction, which is not vested in it. Petition is dismissed.
1) _______________________________ PRESIDENT
2) ________________________________ MEMBER *vvr 17/10/2012 UP LOAD O.K.