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1 - 10 of 12 (0.23 seconds)Kewal Krishan Kohli vs Bajaj Allianz Gen. Ins. Co. Ltd. And Ors. on 29 May, 2018
Instant petition under Article 226 of the Constitution of India is
instituted by Sh. Kewal Krishan Kohli to assail an order dated
15th June, 2023 passed by the Jammu & Kashmir State
Consumer Disputes Redressal Commission, Jammu ["the
Commission"] in MA No.955 of 2018 titled Kewal Krishan v.
Bajaj Allianz and others, whereby the Commission has
WP(C) No.3186/2023 2
dismissed the miscellaneous application filed by the petitioner
seeking restoration of appeal titled Kewal Krishan v. Bajaj
Allianz and others, dismissed in default on 28th November, 2018,
on the ground that the Commission constituted under the Jammu
and Kashmir Consumer Protection Act, 1987 ["the Act of 1987"]
did not contain any provision for reviewing, setting aside of an
ex-parte order or restoration of appeal dismissed for non-
prosecution.
Jammu and Kashmir Consumer Protection Act, 1987
The Consumer Protection Act, 1986
The Code of Civil Procedure, 1908
Rajeev Hitendra Pathak & Ors vs Achyut Kashinath Karekar & Anr on 19 August, 2011
In view of the clear dictum of law laid down in the case of
Rajeev Hitendra Pathak (supra), it is no more open to argue
that the Commission enjoys inherit powers other than those
conferred upon it expressly by the Statute.
Jyotsana Arvindkumar Shah And Ors. vs Bombay Hospital Trust on 22 January, 1999
After considering the case law on the subject including the
judgments rendered by it in the cases of Jyotsana Arvind
Kumar Shah and others v. Bombay Hospital Trust, 1999(4)
SCC 325 and New India Assurance Company Ltd. v. R.
WP(C) No.3186/2023 7
Srinivasan, 2000 (3) SCC 242, in paragraph Nos. 35 and 36 of
the judgment, the Supreme Court concluded thus:-
New India Assurance Co. Ltd vs R. Srinivasan on 28 February, 2000
In the aforesaid
judgment, the contrary view taken by the Supreme Court in the
case of R.Srinivasan (supra) was not approved.
Tabeen Mineral Water Private Limited vs National Insurance Company Limited on 1 September, 2023
18. A Division Bench judgment of this Court in the case of Tabeen
Mineral Water Private Limited v. National Insurance Company
Limited, FAO(D) No.02/2023 decided on 01.09.2023 is
distinguishable on its facts. In the aforesaid case what was
dismissed by the Commission was a complaint and not the
appeal and, therefore, the provisions of Rule 10 of the Rules of
1987 were not applicable. Indisputably, under the Act of 1987,
there is no power given to the Commission/Divisional
Forum to dismiss a complaint in default whereas in the case of
an appeal, such power is specifically conferred by Clause (vi) of
Rule 10 of the Rules of 1987.
Akona Engineering Private Ltd vs Pal Construction And Another on 15 December, 2022
In the case of Akona Engineering Private Ltd. v. Pal
Construction and another, OWP No.680/2013 decided on 15 th
December, 2022, a Division Bench of this Court has
categorically held that the Commission under the Act of 1987 is
devoid of any power to restore the complaint dismissed for non-
prosecution.