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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
K.S. CHAUDHARI, PRESIDING MEMBER & DR. B.C. GUPTA, MEMBER
Leena Kulkarni (Dr.) - Petitioner
Versus
Suresh Mohiniraj Choudhary - Respondent
M.A. No. 616 of 2012
Decided On : 14-03-2013
Review Petition - Jurisdiction - The court held that as per Regulation 15 of the Consumer Protection Regulations, 2005, a review petition is required to be disposed of by the same Bench that delivered the order sought to be reviewed. Therefore, the review petition should have been listed before the appropriate Bench for disposal.
Fact of the Case:
The review petition was filed against the order dismissing revision petition for non-compliance.
Finding of the Court:
The court found that the review petition should have been listed before the appropriate Bench for disposal in accordance with Regulation 15 of the Consumer Protection Regulations, 2005.
Issues: Jurisdiction of the Bench to dispose of the review petition.
Ratio Decidendi: The court's decision was influenced by Regulation 15 of the Consumer Protection Regulations, 2005, which requires the review petition to be disposed of by the same Bench that delivered the order sought to be reviewed.
Final Decision: The matter was released and the Registry was directed to list it before the appropriate Bench for disposal of the review petition in accordance with law.
ORDER :
K.S. CHAUDHARI, PRESIDING MEMBER
1. This review petition has been filed by the petitioner against the order dated 11.10.2011 passed by this Commission dismissing revision petition for non- compliance.
2. Heard learned Counsel for the parties and perused record.
3. Perusal of order dated 11.10.2011 reveals that this order was passed by the Bench comprising of Hon’ble Mr. Justice V.B. Gupta, Presiding Member and Hon’ble Mr. Suresh Chandra, Member. As per Regulation 15 of the Consumer Protection Regulations, 2005, review petition is required to be disposed of as far as practicable by the same Bench, who delivered the order sought to be reviewed. As the order dated 11.10.2011 was passed by the another Bench, we cannot dispose of this review petition and this review petition should have been listed before the Bench comprising of Hon’ble Mr. Justice V.B. Gupta, Presiding Member and Hon’ble Mr. Suresh Chandra, Member.
4. In such circumstances, the matter is released and the Registry is directed to list it before the appropriate Bench for disposal of the review petition in accordance with law.
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