The lack of power for the State Commission to review its own orders under the Consumer Protection Act, 1986.

ORDER

M.A. No. 629 of 2011 for condonation of delay

Mr. Piare Lal Garg, Member - This appeal was filed after delay of 41 days. An application for condonation of delay has been filed in which reasons have been given in the application, which caused the delay in filing the appeal. The application is supported by an affidavit. As such the application of condonation of delay is accepted and the delay of 41 days in filing the appeal is condoned. Misc. Application stands disposed of.

M.A. No. 630 of 2011 for review

2. Brief facts of the case are that father of the respondent applied for the electric tubewell connection on priority basis and the appellant sent the demand notice and Shri Guran Ditta submitted test report and deposited 1,500 on 2.8.1988 vide Book No. 012619 and receipt was issued by the appellant. The appellant released the tubewell connection on priority basis to father of the appellant for irrigating his land. The appellant did not give the account number and pass book to Shri Guran Ditta and told, the same will be issued lateron but not fulfil his promise.

3. Learned District Forum allowed the complaint of the respondent and directed the appellant to issue pass book and account number and change the connection in the name of the respondents.

4. Appellant filed an appeal before this Commission and the same was accepted on 29.11.2010 by this Commission.

5. It was contended by the applicant/respondent that while accepting the appeal of the appellant and considering the affidavit of Shri Ramesh Chander, SDO alleged therein that tubewell electric connections bearing Account Nos. J-17 and J-432 were running in the name of Gurditta Singh and tubewell electric connection of account No. J-432 was taken on priority basis by the respondents but this Hon'ble Commission had not considered the prayer that appellant may be directed to issue the account number and pass book of the electric connection which was released to the father of the respondents on priority basis. Even the appellant had not denied that the tubewell connection was not released on priority basis. Respondents prayed that order dated 29.11.2010 passed by this Commission may be reviewed and the appeal filed by the appellant may kindly be dismissed.

6. We have gone through the pleadings of the parties, perused the record of the learned District Forum and heard the arguments of the learned Counsel for the applicant.

7. Section 22(2) of the Consumer Protection Act, 1986 (in short "the Act") provides that the National Commission shall have the power to review any order made by it, when there is an error apparent on the face of record. Section 22A of the Act also provides that where an order is passed by the National Commission ex parte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the Commission to set aside the said order in the interest of justice.

8. These provisions of Section 22(2) and 22A of the Act clearly reveal that the power of review and power of setting aside ex parte orders have been given by the Parliament only to the Hon'ble National Commission in its wisdom. No such power has been given to the State Commission. Therefore, there is no provision in the Act to recall or review the order passed by the State Commission on merits, although ex parte. This view was taken by this Commission in many miscellaneous applications.

9. Reference can be made to the judgment of the Hon'ble Supreme Court reported as Jyotsana Arvind Kumar Shah and Others v. Bombay Hospital Trust, 1999 (1) Con.LT 204, in which it was observed by the Hon'ble Supreme Court as under:

"7. We heard learned Counsel on both sides for quite some time. When we asked the learned Counsel appearing for the respondent to point out the provision in the Act, which enables the State Commission to set aside the reasoned order passed, though ex parte, he could not lay his hands on any of the provisions in the Act. As a matter of fact, before the State Commission the a