Setting aside exparte final order

Yes.    It does.     Not suo motu, however.

there are most confusing judgements on this point. According to my opinion the state commission can setaside the exparte passed by Dist Forums only. To setaside the exparte order of the state commssion you have to approach National Commission only.

As far as I know, I never heard such decision that a decree of District forum, to my knowledge the process of appeal against such decision to other appellate commission, and overruling of such decision of lower forum by higher forum is the only process I know.  The query and replies are interesting and I am interested to know such new procedure.

What are the facts? What is the issue?

The State Commission have no power to set aside exparte orders. It was held in a Apex Court decision in the year 1999 stating that Consumer Protection Act,1986 have no jurisdiction to setaside exparte orders.It is clearly mentioned in the said order that under the above Act they are bound to function under the provisions of the Consumer Protection Act and that the said Act does not provide any jurisdiction to the consumer agencies to setaside exparte order. The same rule is followed by Apex Court in the year 2011 decision that the State Commission have no power to setaside exparte orders and it is very safely concluded that it has no jurisdiction.

V E MANOJ KUMA

ADVOCATE

CELL NO 8686159292

The Reply of Shri Manoj enlightens me.