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selva raj   07 November 2018

Setting aside exparte final order

do state consumer commission have jurisdiction to set aside a final exparte order of district consumer forum?


 12 Replies

TGK REDDI   08 November 2018

Yes.    It does.     Not suo motu, however.

selva raj   08 November 2018

There are divergent views seen from supreme Court judgments on this. Which one is correct

selva raj   08 November 2018

There are divergent views seen from supreme Court judgments on this. Which one is correct

selva raj   08 November 2018

There are divergent views seen from supreme Court judgments on this. Which one is correct

selva raj   08 November 2018

Thank you for your response

selva raj   08 November 2018

Thank you for your response

Suri.Sravan Kumar (senior)     08 November 2018

there are most confusing judgements on this point. According to my opinion the state commission can setaside the exparte passed by Dist Forums only. To setaside the exparte order of the state commssion you have to approach National Commission only.

1 Like

G.L.N. Prasad (Retired employee.)     08 November 2018

As far as I know, I never heard such decision that a decree of District forum, to my knowledge the process of appeal against such decision to other appellate commission, and overruling of such decision of lower forum by higher forum is the only process I know.  The query and replies are interesting and I am interested to know such new procedure.

P. Venu (Advocate)     08 November 2018

What are the facts? What is the issue?

manoj   09 November 2018

The State Commission have no power to set aside exparte orders. It was held in a Apex Court decision in the year 1999 stating that Consumer Protection Act,1986 have no jurisdiction to setaside exparte orders.It is clearly mentioned in the said order that under the above Act they are bound to function under the provisions of the Consumer Protection Act and that the said Act does not provide any jurisdiction to the consumer agencies to setaside exparte order. The same rule is followed by Apex Court in the year 2011 decision that the State Commission have no power to setaside exparte orders and it is very safely concluded that it has no jurisdiction.

 

V E MANOJ KUMA

ADVOCATE

CELL NO 8686159292

selva raj   09 November 2018

Thank you for your response,

TGK REDDI   09 November 2018

The Reply of Shri Manoj enlightens me.


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