Abhay Deo Saxena vs RAJASTHAN HOUSING BOARD

THIS revision petition has been filed by the petitioner/Complainant against the order dated 26.02.2008 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ''the State Commission '') in Appeal No. 276/2006 - Rajasthan Housing Board Vs. Mr. Abhay Deo Saxena by which, application for review of order was dismissed.

BRIEF facts of the case are that complainant filed complaint before District Forum and learned District Forum vide order dated 13.2.2003 allowed complaint and directed OP to allot House No. 63/37 which is still vacant. Both the parties filed appeal before State Commission and learned State Commission dismissed both the appeals. Later on, complainant/petitioner filed application and submitted that by typing mistake, House No. 63/37 has been typed in the orders instead of House No. 62/37 which may be corrected. Learned State Commission vide impugned order dismissed application against which, this revision petition has been filed. Heard the petitioner in person and learned Counsel for the respondent and perused record.

PERUSAL of record clearly reveals that learned District Forum directed OP/Rajasthan Housing Board to allot House No. 63/37 to the complainant and appeals filed by both the parties were dismissed by learned State Commission. In both the appeals, House No. 63/37 has been mentioned. Learned State Commission in the impugned order observed that there is no typing mistake in the order and order of District Forum for allotment of House No. 63/37 has been affirmed by learned State Commission. It was further observed that learned State Commission has no power to review its order.

AS held by the Apex Court in (2011) 9 SCC 541 - Rajeev Hitendra Pathak and Others Vs. Achyut Kashinath Kakekar and Another, the State Commission has no power to recall its order. Learned State Commission has not committed any error in dismissing review petition by the impugned order. We do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed.

CONSEQUENTLY , revision petition filed by the petitioner is dismissed with no order as to costs.