RAJEEV HITENDRA PATHAK & OTHERS versus ACHYUT KASHINATH KAREKAR & ANOTHER

RAJEEV HITENDRA PATHAK & OTHERS versus ACHYUT KASHINATH KAREKAR & ANOTHER

District Consumer Forums and State Commissions have not been given any power to set aside ex parte orders or to recall or review their own orders; such powers are vested only in the National Commission by the statute after the amendment of s.22 and introduction of s.22A.

Parties
Appellant: Rajeev Hitendra Pathak & Others; Respondent: Achyut Kashinath Karekar & Another
Jurisdiction
India
Judgment Date
19 August 2011
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals disposed of; findings of National Commission regarding State Commission's power to review set aside.
Legal Topics
Review Powers of Consumer Fora, Recall of Ex Parte Orders, Procedural Powers Under Consumer Protection Act
Consumer Law Review Powers of Consumer Fora Recall of Ex Parte Orders Procedural Powers Under Consumer Protection Act

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Parties

Rajeev Hitendra Pathak & Others

Appellant

Achyut Kashinath Karekar & Another

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether District Consumer Forums and State Commissions have power to set aside their own ex parte orders or recall/review their orders

Ratio Decidendi

District Consumer Forums and State Commissions have not been given any power to set aside ex parte orders or to recall or review their own orders; such powers are vested only in the National Commission by the statute after the amendment of s.22 and introduction of s.22A.

Court Disposition

Appeals disposed of; findings of National Commission regarding State Commission's power to review set aside.

Orders

  • Complaint No. 473 of 1999 to be restored and disposed expeditiously by State Commission, within three months.
  • Original Petition No. 110 of 2003 to be heard de novo and disposed expeditiously by National Commission, within three months.