Review Petition Against Order of National Consumer Disputes Redressal Commission Order Sample

Sample of  Review Petition against order of National Consumer Forum, NCDRC

Petition against National Consumer Disputes Redressal Commission Order


Consumer Protection cover of umberella depicting by simulation

BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Miscellaneous Petition No. 257 / 2007
Arising out of the Order of Hon'ble Commission,
in Original Case No. CC/1042/2018 registered dated 27/04/2018, order reserved on 11.06.2018, pronounced on 13.06.2018
A petition under sec. 22(2) of the Consumer Protection Act
and
In the matter of:
___________
S/o Mr. _____________
R/o ______________
___________________
____________________
____________________                                      ...      Complainant

                                                          Vs.

________ Vidyut Vitran Nigam Limited 
Through its Director/Manager
With its Registered Office at Office _____
(TEMP SDO), ________
___________                                                   ...       Opposite Party




To
The Hon'ble President &
Members of National Consumer Disputes Redressal Commission
NEW DELHI 

May it please your honours: 

An application for the review of the Orders by the Hon'ble Commission, pronounced on **.**.20**, in the light of the facts of the case, mandate of law and the submissions of the Complainant placed before this Hon'ble Commission, on the following grounds:
1.0         That the impugned order was based on the assumption that the amount was unjustified and the complainant had not explained the basis of claim of Rs. 500 crores on account of damages sustained and Rs. 2 crores for mental and physical harassment as the verbatim of the order reveals. The fact is that this vacation bench perhaps inadvertently overlooked the submission made on 28 May 2018 before the hearing that took place on 31 May 2018 which very clearly contains all the aforesaid explanation, and after that again hearing had been adjourned by the previous bench. Thus, this is an apparent gross error on the face of record and the Hon’ble commission has the powers to this effect and for very existence of justice regarding consumer affairs exercise of such review powers is called forth.  ….. Annexure A & B.

2.0         The apparently inadvertent error on the face of record perhaps with notion that the amount is mind boggling would reveal travesty of justice that merely an amount being big is being denied consideration despite a consumer right, despite being fully legitimate and despite being law as the dismissal order itself cites in point number 3 that it is true for the complainant to decide what amount he wants to claim as compensation for the deficiency alleged by him in rendering services to him by the service provider, and further it has been claimed that the amount is wholly illogical or irrational. The rationality can only be adjudged on the basis of the claim presented which was duly presented on 28 May 2018 and the impugned order has no mention of it. Though this is perhaps an inadvertent error but this sends a signal to the whole world that there exists no legal system in India and there is purely state of anarchy or even beyond in the legal domain. Thus review against the impugned order is the requisite.                                                                      
                                                               ……………  Annexure C.

3.0         The impugned order though inadvertent also sends wrong signals to the human community about the legal system that merely 500 crores and 2 crores seem to be mind boggling despite fully legal as point 2 in the order itself states, while for logic it is inevitable if legal system in India has to be evolved with time in these times of globalization. In the United States, which is much a democratic country close to India merely apart from its Commonwealth membership and the conditions arising there from,  a rape victim is awarded 1 Billion Dollars which are roughly Rs. 7, 000 crores (Ref. http://fortune.com/2018/05/24/georgia-womans-1-billion-settlement-may-be-the-largest-u-s-sexual-assault-verdict-ever/). The damages to the rape survivor are not pecuniary and cannot be measured in monetary terms and neither recoverable with money, at least in gross. But pecuniary damages caused to an entrepreneur for his 7 Information Technology and allied business firms combined due to deprivation in home preparation due to lack of electricity is fully justified and is as a matter of fact much below the justification furnished with the commission considering the capacity of the errant entity and ease of settlement with such claim. As court’s verdicts are developmental to humanity of the region the laymen learn from judgments and advance. Indian startups have already proved their potential and Flipkart likes have been sold to the tune of 2, 00, 000 crore rupees. Evolution of legal system in sync with times is called forth. Thus, it would be like undermining India and its people and putting the nation to regression if the order not reviewed.

4.0         In order dated 31 May 2018 the Hon’ble Presiding Member has allowed a chance to explain the case further but as there was no mention in the order to accept submissions the registry had not accepted documents which are also significant as if arguments were possible without submission they would be well made during the same hearing. Thus, it appears that owing to vacations and change of bench such inadvertent error has cropped up and is required to be settled, thus acceptance of review is prayed for.                           ……….    Annexure D.

5.0         It is also evident that the nature of deficiencies by the service provider exist and will definitely continue to exist with all human populace as their pattern is such and consumers will keep suffering damages and no claims made. This is a live scenario before us in this very case and obviously all cases in this pattern where bills are never furnished and avoided, while disconnections made at the service provider’s own free will. This state shows there are no consumer rights at all and when there is no respite from appropriate courts there can never be at all.

6.0         Though the impugned order allows for presentation in any other court with justifiable amount, the amount sought is very much below the justified amount. Above all, there will be no feasibility for an entrepreneur who started with 7 MSME business firms to claim any small unjustifiable amount as exertions in his own field of business will help him fetch higher volumes of money. Hence, observing the claimant and the circumstances it is impossible for the complainant to resort to any other court for a smaller amount and hence his rights will be violated out of non - feasibility.

As this damage gives rise to all life damages violating the fundamental rights and hampering all life development putting the victim consumer in absolute misery the damages have to be made good else they will never be made good in the given scenario and the aggrieved consumer will be bound to lead a sub standard life and the humanity and nation will lose an asset personality.

7.0         It is significant under the circumstances of this case that the errant or opposite party which has performed such a grave misconduct is asked to present its own part and the case proceeds accordingly else the negligent and deficient will get protected and consumer rights shattered ab initio.

P R A Y E R

In view of the submissions contained in the preceding paragraphs the Complainant most respectfully prays the Hon'ble President and Members of the Commission to direct the Opposite Party to:
a) Allow for arrangement for a compensation of no less than Rs. 500 crores as pecuniary damages and Rs. 2 crores for mental and physical harassment or agony to the aggrieved consumer.
b) to pass any other order deemed necessary; for which act of kindness, the Complainant shall, as is duty bound, ever pray.
   
                           
                                                                (Complainant in person)





Tags: #Review Petition #Review Petiton against NCDRC Order
#Review Petition Sample #Review against National Commission Order #Review against Consumer Forum Order #Review against Consumer Commission Order                                  
                                                                                                                                   
 

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