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september 2007

Supreme Court of India · 2007-09-17

Rajeev Hitendra Pathan & Ors vs Achyut Kashinath Karekar & Anr

Court
Supreme Court of India
Petitioner
Rajeev Hitendra Pathan & Ors
Respondent
Achyut Kashinath Karekar & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the State Commission does not possess the authority to restore a complaint dismissed for default under the Consumer Protection Act, 1986, as no such power is conferred by the Act. The Court distinguished its earlier ruling in New India Assurance Co. Ltd. v. R. Srinivasan, emphasizing that the amendments made in 2003 granting restoration powers to the National Commission do not extend to the State Commission. Consequently, the order of the State Commission was set aside, reaffirming the legal principle that statutory provisions must explicitly grant such powers to judicial bodies.

Rajeev Hitendra Pathan & Ors vs Achyut Kashinath Karekar & Anr · Niyam