Sample of Review Petition against order of National Consumer Forum, NCDRC
Petition against National Consumer Disputes Redressal Commission Order
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
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
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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