Consumer protection

DR.SANAT KUMAR DASH (Querist) 29 June 2012 This query is : Resolved
Whether the Complainant can file Review Petition against the Dismissal Order of the District Consumer Forum Citing the APEX COURT JUDGMENT published in AIR 1981 SUPREME COURT 606 addressing to the NATIONAL CONSUMER COMMISSION, NEW DELHI under section 24-B? What is the FORMAT to file before the APEX COMMISSION??
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Kiran Kumar (Expert) 29 June 2012
Dr. Dash what exactly are the facts of the case...

if there is some new interpretation of the law or the DF has done some inherent mistake then better go in for appeal or revision as per the facts and circumstances of the case.

DR.SANAT KUMAR DASH (Querist) 29 June 2012
I had asked some information to the Public Information Officer in the office of the Drug Inspector, Nuapada on 20/08/2011 under the RTI Act,2005 paying Rupees TEN as Application fee. As I did not get any Information from the PIO. I filed a Complaint Petition in the District Consumer Forum, Nuapada on 07/10/2011. The Hon'ble Forum dismissed without proper adjudication & withou following proper procedures. The O.P. has neither filed Affidavit Evidence nor Written Argument in the case. I have filed Affidavit Evidence on 13/03/2012.The Hon'ble Forum dismissed on 06/06/2012 as No deficiency of service.

R.K Nanda (Expert) 29 June 2012
File application with ur supporting affidavit in consumer court for setting aside the dismissal order dated 6/6/12 and for restoring ur petition .No need to file review petition.

H. S. Thukral (Expert) 30 June 2012
Mr. Nanda
Could you refer any provision in CPA where such review or restoration can be made by Distt or State commission ?. The power rests with the NC only.
And Mr. Kapoor
why you have become too agreeable in every opinion.

ashutosh mishra (Expert) 30 June 2012
ONLY APPEAL LIES IN YOUR CASE AND NOT ANY REVIEW OR RESTORATION.

Devajyoti Barman (Expert) 30 June 2012
Except the National Commission no other Forum has any right to Review its own judgement.
It is well settled now after the litany of decisions of the apex court.

Kiran Kumar (Expert) 30 June 2012
I support the opinion expressed by Mr. Thukral and Mr. Barman

H. S. Thukral (Expert) 01 July 2012
Mr. Nanda if some one trusts this website and looks forward to answers to his problems then it should be seen by all concerned that his trust is maintained. If you see my reference to your answer, I have only asked for provision in the CP Act so that if I were wrong, I could acquaint my self.
My suggestion is that a lawyer should not feel offended when he is crossed but keep himself receptive to different interpretation.

Guest (Expert) 01 July 2012
Dear Doctor Sanat Kumar,

You have not mentioned whether or not you went for appeal to the appellate authority first and thereafter for 2nd appeal to the Information Commissioner against non-supply of information by the Drug Inspector under RTI. The case won't come under the category of deficiency in service unless the requisite information is proved to be permissible under RTI and the appellate authority as well as the Information Commissioner also failed to provide remedy to you.

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