State Consumer Disputes Redressal Commission
Ashu Fibers C/O Harinarain Saini vs United India Ins. Co. Ltd. on 3 February, 2015
1
BEFORE THE STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, RAJASTHAN,
BENCH NO.3 JAIPUR
MISC. APPEAL NO : 47/2014
Ashu Fibers C/o Mr.Harinarain Saini, R/o Alwar.
..........Appellant/Petitioner
Vs.
1. United India Insurance Company Ltd., Church
Road, Alwar through it's Manager.
2. Alwar Urban Co-Operative Bank Ltd., Alwar.
..........Respondent/Non-Petitioner
Date of Order - 03/02/2015
Before:
Hon'ble Mr.Anil Kumar Mishra - Presiding Member
Hon'ble Mr.Kailash Soyal - Member
Mr.Abhishek Bhaduria . . . . . Counsel for the
appellant/ petitioner.
JUDGEMENT
PER MR.ANIL KUMAR MISHRA (PRESIDING MEMBER)
1. The present Miscellaneous Restoration Application has been filed by the 2 appellant/ petitioner for the restoration of appeal No.2235/2010 titled Ashu Fibers Vs. United India Insurance Company Ltd., which was dismissed on 29.04.2014 in default due to the absence of the appellant and his advocate.
2. The petitioner has prayed that Mr.Prakash Thakuria, Advocate had been appointed as Government Advocate in High Court and Mr.Abhishek Bhadoria, who was looking after the work of Mr.Thakuria was busy in another case in the Hon'ble High Court and therefore, he could not appear before the Commission on 29.09.2014 and hence, the aforesaid appeal was dismissed in default. It is, therefore, requested that the appeal be restored and heard on merit.
3. We have heard the arguments of the learned counsel for the appellant/ petitioner at the stage of admission. The Hon'ble Supreme Court in 2011 (9) SCC 541 (Rajeev Hitendra Pathak Vs. Achyut Kashinath Pathak and the Hon'ble National Commission in 2011 JNJ (NC) 100 (Department of Post of India Vs. Pankaj Agarwal) have held 3 that the District Consumer Forum and the State Consumer Commission do not have powers or authority to review or recall it's own order and set aside the order of dismissal of complaint/appeal in default and restore them. In the light of the aforesaid judgments, this Commission is not competent to restore the appeal which was dismissed in default on 29.09.2014 and hence, the present Miscellaneous Application for Restoration of appeal is liable to be dismissed.
ORDER
4. The present Miscellaneous Application for Restoration of appeal No.2235/2010 (Ashu Fibers Vs. United India Insurance Company Ltd.) is dismissed.
(KAILASH SOYAL) (ANIL KUMAR MISHRA) MEMBER PRESIDING MEMBER PINKKY JAIN, UDC