SEHAMALPUR COLD STORAGE Vs. STATE OF U P

JUDGEMENT

(1.) This a miscellaneous petition seeking review of our order dated 9.12.1993 by which order this Commission dismissed the complaint as barred by limitation. Complainant, it would appear challenged that order in the Supreme Court. By order dated 6.5.1999 Supreme Court gave opportunity to the complainant-appellant to approach this Commission again for review of its order. The appeal (Civil Appeal No. 255 of 1994) before the Supreme Court was, however, dismissed as withdrawn. It will be appropriate to reproduce the order of the Supreme Court :

(2.) In pursuance to the submission made in the Supreme Court, complainant has filed this miscellaneous petition seeking review of our order dated 9.12.1993.

(3.) A preliminary objection has been raised by Mr. Mishra, learned Counsel for the opposite party that this review petition is not maintainable as a Forum under the Consumer Protection Act has no power to review its own order. He has referred to the decision of the Supreme Court in the case of Jyotsana Arvindkumar Shah & Ors. v. Bombay Hospital Trust, III (1999) CPJ 1 (SC)=VII (1999) SLT 146=(1999) 4 SCC 325.