ICI INDIA LIMITED Vs. SUNIL CHAWLA AND ORS

JUDGEMENT

(1.) ICI India Limited, (Now known as Akzo Nobel India Ltd.), (opposite party No.2 in the complaint before the District Forum) has filed these petitions against the orders passed by the Punjab State Commission, Chandigarh (for short the State Commission). Revision Petition No. 3253 of 2011 has been filed against the order dated 12.01.2011 passed by the State Commission in First Appeal Nos. 1116 of 2005 while the Revision Petition No. 3254 of 2011 has been filed against the Order dated 12.07.2011 passed in Miscellaneous Application No. 1464, 1465, 1466 and 1467 of 2011.

(2.) BY the earlier order dated 12.01.2011, the State Commission had partly allowed the appeal filed by Dr. Sunil Chawla complainant against the order dated 07.06.2005 passed by the District Forum, Amritsar, thereby dismissing the complaint filed by the above named complainant seeking compensation from the petitioner herein and Gokal Chand and Co. (opposite party No.1), supplier of the paint alleging that the paint so supplied was of poor, substandard and inferior quality. The State Commission partly allowed the appeal with a direction to the petitioner and the supplier of the paint to pay lump sum compensation of Rs. 20,000/ - including the cost of the proceedings. By the subsequent order dated 12.07.2011, the State Commission dismissed the Miscellaneous Applications moved by the petitioner herein praying for setting aside the order dated 12.01.2011 as the said order was passed in their absence. The State Commission dismissed the said application holding that it had no power to review or recall its order.

(3.) ALONG with the present petitions, applications for condonation of delay of 259 days, have been filed. Before we advert to the merits of the petitions, we must consider these applications for condonation of delay in filing the revision petitions. In para -4 of the application, it is mentioned that the petitioner came to know about the passing of the impugned order dated 12.01.2011 only upon receipt of a notice in execution fixed for 18.4.2011 and thereafter he filed application for setting aside the ex -parte order dated 12.01.2011 passed by the State Commission.