(Delivered on 26 /10/2021)
PER SHRI A. Z. KHWAJA, HON’BLE PRESIDING MEMBER.
1. Petitioner /complainant – Mr. Aarmin F. Banaji, has preferred the present revision petition feeling aggrieved by the order dated 23/10/2019 passed by the learned District Consumer Commission , Nagpur in Consumer Complaint No. CC/19/340 by which the application filed by the O.P. No. 2 for deletion of the name of the O.P. No. 1 came to be allowed.
2. Short facts leading to filing of the the revision petition may be stated briefly as under,
Complainant claims to be a Consumer of O.P.No. 2- Tata Sky and has made several allegations regarding deficiency in service by O.P.No. 2- Tata Sky and on the basis of the same has filed the Consumer Complaint against the O.P. Nos. 1&2 under Section 12 of the Consumer Protection Act, 1986 before the learned District Consumer Commission, Nagpur.
3. During the pendency of the Consumer Complaint filed by the complainant /petitioner the O.P.No. 2- M.D. Tata Sky appeared in response to summons and thereafter filed an application for deletion of the name of the O.P.No. 1 namely Tata Sons Ltd. on various grounds and application filed by the O.P.No. 2- Tata Sky came to be allowed and name of the O.P.No. 1 namely Tata Sons came to be deleted as per order dated 23/10/2019, passed by the learned District Consumer Commission, Nagpur. Against this impugned order passed by the learned District Consumer Commission, Nagpur dated 23/10/2019 present petitioner has come up in revision .
4. I have heard petitioner-Mr. Aarmin F. Banaji in person as well as Mr. Jachak, learned advocate for the respondent No. 2. It is argued by the present petitioner that the present petitioner was the Consumer of O.P. No. 2-Tata Sky Unit and O.P. No. 1 namely Chairman, Tata Sons Ltd. was a necessary party in the Consumer Complaint and therefore, he had came to be added as a party but despite this fact the learned District Consumer Commission, Nagpur has deleted the name of the O.P. No. 1- Tata Sons Ltd. on the ground that the O.P.No. 1- Tata Sons Ltd. was not a necessary party. Petitioner has raised several contentions during the course of argument but I would be dealing with main contention advanced by the petitioner. Foremost contention raised by the petitioner during oral submissions and also in the notes of argument is that the O.P.No. 1- Tata Sons Ltd. was a necessary party as Tata Sons Ltd. was the holding company of O.P.No. 2 namely Tata Sky but this fact has not been duly considered at all by the learned District Consumer Commission, Nagpur. Petitioner has argued before me that the learned District Consumer Commission, Nagpur has not taken in to consideration the fact that the learned advocate for the O.P.No. 2- Tata Sky also had no authority or locus standi to file an application for deletion of the name of the O.P.No. 1- Tata Sons Ltd. but despite this fact the learned advocate for the O.P.No. 2- Tata Sky had moved an application on behalf of the O.P.No. 2 for deletion of name of the O.P. No. 1 and same has also come to be allowed. The petitioner has submitted that the O.P.No. 2 was not having any power of attorney for O.P.N