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R.SUBBIAH, R.VENKATESAPERUMAL
M. Dhanalakshmi – Appellant
Versus
T. Krishnamoorthi – Respondent
ORDER
R. Subbiah, President.—The above CMPSR filed to restore the appeal in F.A. No.6 of 2015 that was dismissed for default on 01.10.2021, after returned by the Registry for maintainability, has been re-presented on 12.01.2022, and the Registry has thus placed the matter before us on maintainability aspect that the petitioner/appellant has to approach only the National Commission for any remedy and not this Commission, since the Act does not confer any power upon the State Commission to restore a complaint/appeal that was dismissed for default.
2. Learned counsel for the petitioner, by referring to Section 22-A of the Consumer Protection Act, 1986, which runs to the following effect,—
“22-A. Power to set aside ex parte orders.—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.”,
would submit that the said provision only relates to ex-parte orders but the subject-matter here is an order of dismissal for default. According to him, in the absence of any specific provision empowering the State Commission to r
1. Power of State Commission - State Commission has not been expressly or impliedly conferred with any power or authority to recall any final order passed, be it an ex parte order or an order of dism....
The main legal point established is that the State Commission does not have the power to restore a complaint dismissed for non-prosecution, as settled by the Apex Court and the provisions of the J&K ....
Second consumer complaint on same cause of action is maintainable after dismissal for default, if within limitation and not barred by res judicata.
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