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Judgment
THIS appeal is directed against order dated 17.3.94 passed by the District Forum, Muzaffarpur in Complaint Case No. 20 of 90 by which the case of the complainant was dismissed for default. The appellant here was the complainant and the respondent here was the opposite party before the District Forum.
THE facts of the case for the disposal of this appeal may be briefly noticed. On information lodged by the complainant a proceeding under Section 144 of the Code of Criminal Procedure was initiated by the Subdivisional Magistrate apprehending breach of piece for disconnecting the electric line of the complainant by the opposite party for non-payment of the dues. THE complainant also filed Title Suit No. 239/88 against the opposite party and it appears that injunction was issued on 6.1.89 against the opposite party under Order 39 Rules 1 and 2 of the Code of Civil Procedure restraining the opposite party, from disconnecting the electric connection of the complainant and the opposite party was directed to show cause. THE Sub-divisional Officer, how- ever, sent the written information lodged by the complainant to the District Forum on the basis of which the District Forum instituted Case No. 20 of 90 under the Consumer Protection Act which was dismissed for default on 6.1.94. THE complainant however filed application for restoration of his case on the ground that as he had gone for his treatment he could not appear on that date and the District Forum by its impugned order dated 17.3.94 has restored the case of the complainant. Against this order the present appeal has been filed by the opposite party. The Consumer Protection Act (hereinafter called the Act) does not empower the different Redressal Agencies under the Act to restore the cases dismissed for default or to review its own order passed earlier. In absence thereof the District Forum has exercised jurisdiction not vested in it by restoring the complaint-petition.
In the result the appeal is allowed and the impugned order is hereby set aside.
THERE is, however, no order as to cost. Appeal allowed.