Can district consumer forum revoke own order
Mehar Saini
(Querist) 07 October 2013
This query is : Resolved
Dear Sir,
My friend filed consumer complaint against the builder, District consumer passed ex parti order against the builder as they remained absent despite of notice was served. Wants to know whether District consumer forum can revoke own order of ex parti if the builder filing such application. because of as per my knowledge only national commission can set aside own order and not the District forum or state commission.
Kind Regards
MC Saini
Sarvesh Kumar Sharma Advocate
(Expert) 07 October 2013
No right to recall ex-party decision by a forum only appeal is the remedy;file caveat before state forum!
R.K Nanda
(Expert) 07 October 2013
no, it cannot revoke its order.
Mehar Saini
(Querist) 07 October 2013
Thankx a lot to both of you.
R.K Nanda
(Expert) 07 October 2013
ur welcome.
Advocate Bhartesh goyal
(Expert) 07 October 2013
District Consumer Redressal Forum and State Commission have no power to recall or review their order,Such power only vest to National Commission.
Mehar Saini
(Querist) 09 October 2013
Dear Sir,
I would like to clarify that so far final judgement has not been passed by District forum and case has been adjourn for final hearing. The advocate of forum told us that order for ex parti can be set aside with some cost by District forum.
Advocate Bhartesh goyal
(Expert) 09 October 2013
I have already clear that District Consumer Redressal Forum has no power to recall/review its order/judgment so can not set aside ex-parte order.
