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Prabal Kumar Biswas   03 December 2021

Revision petition filed by opposite party against consumer case

I have filed a Consumer Case against the Builder and Owner's Association of my Residential Complex in August 2020 in District Commission.

The Case is currently going on and I have submitted Evidence on Affidavit in November 2021 (22-Nov-2021).

In the last date (22-Nov-2021), OP-2 (Owner's Association) submitted to the District Commission that they have filed a Revision Petition on 18-Nov-2021 in State Commission against an Order dated 04-Jan-2021 of District Commission. The order was that OP-2 was not allowed to file WV on 04-Jan-2021 as statutory time limit was over. But again in March 2021, the District Commission allowed the OP-2 to file WV.

Now it is observed that State Commission has allowed the Revision Petition of OP-2 and even stayed the hearing at District Commission till next date (March 2022).

My Queries are:

1) What is the time limitations for filing Revision Petition in State Commission against an Order of District Commission? In this Case, Order date was 04-Jan-2021 and Revision Petition date is 18-Nov-2021.

2) When the District Commission has already allowed OP-2 to file WV in March 2021, what can be the reason for filing such Revision Petition? Is it just to do mischief, kill time and harass me?

3) What are the processes and steps involved in the hearing of Revision Petition in State Commission? 



 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 December 2021

Please follow the difference between revision petition and appeal petition. An appeal is whereby the case is heard again due to the dissatisfaction of a certain party while a revision is done by a high court to ensure that legal actions were followed in arriving at a decision. Both appeal and revision can help in making corrections of a previous hearing. Revision petition can be filed in the same district commission but not on state commission

Prabal Kumar Biswas   03 December 2021

Review Petition can be filed only at the Commission where the case is pending but Revision Petition can be filed in State Commission against an Order of District Commission. 

The question appeal does not arise here as the case is still ongoing and not yet decided.

I just wanted to know:

1) What is the time limitations for filing Revision Petition in State Commission against an Order of District Commission? In this Case, Order date was 04-Jan-2021 and Revision Petition filing date is 18-Nov-2021.

2) When the District Commission has already allowed OP-2 to file WV in March 2021, what can be the reason for filing such Revision Petition? Is it just to do mischief, kill time and harass me?

3) What are the processes and steps involved in the hearing of Revision Petition in State Commission? 

If any one can guide and throw some light on the above points, then only reply.

 


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