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august 2011

Supreme Court of India · 2011-08-19

RAJEEV HITENDRA PATHAK vs ACHYUT KASHINATH KAREKAR

Citation / case number
SC 2006/792
Court
Supreme Court of India
Petitioner
RAJEEV HITENDRA PATHAK
Respondent
ACHYUT KASHINATH KAREKAR
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI,MUKUNDAKAM SHARMA,ANIL R. DAVE, ,

Judgment text excerpt

The Supreme Court addressed the powers of District Consumer Forums and State Commissions under the Consumer Protection Act, 1986, specifically regarding their ability to recall or review ex parte orders. The Court held that the State Commission does have the authority to restore a complaint that was dismissed for want of prosecution, thereby overruling the precedent set in Jyotsana Arvind Kumar Shah v. Bombay Hospital Trust (1999) 4 SCC 325. The judgment clarified that the earlier view was inconsistent with the provisions of the Act, thus affirming the validity of the State Commission's actions in this case.

RAJEEV HITENDRA PATHAK vs ACHYUT KASHINATH KAREKAR · Niyam