LAWS(NCD)-1991-7-37

T P CHATURVEDI Vs. DEOMANI KOTEDAR

Decided On July 09, 1991
T P Chaturvedi Appellant
V/S
DEOMANI KOTEDAR Respondents

JUDGEMENT

(1.) Both these appeals arise out of orders passed by District Forum, Rewa, in Complaint Case No.10/forum/90, and as the parties are also the same and the points of law involved are common. Both the appeals are decided by this common order.

(2.) The appellant/complainant on 29.6.90, on behalf of consumers of the village, Sir filed a complaint claiming Rs.15,000/- as compensation. The record shows that evidence of both the parties has been recorded. The arguments were also heard on 23.11.90 and the case was posted on 4.12.90 for orders. However, on that date the President of the Forum was unwell, hence the case was adjourned for orders on 17.12.90. On that date, the complainant was absent though one of the N. As. was present. The learned Forum vide impugned orders dt.17.12.90 rejected the application on behalf of the complainant which was for restoration of the case which was dismissed earlier on 23.8.90. This impugned order dt.17.12.90 has been challenged in appeal No.7/91. The complainant thereafter filed another application for recalling the order dt.17.12.90 but that too has been rejected on the ground that the Forum is not vested with inherent powers under Sec.151 C. P. C. and accordingly, the orders passed earlier on 17.12.90 have been maintained.

(3.) We have carefully perused the record, and the complainant/appellant had also addressed us in person. The short point for consideration is whether the learned Forum has power to restore the proceedings which it had dismissed in default of appellant/complainant.