CONSUMER REVISION
BEFORE THE HON'BLE TN STATE CONSUMER REDRESSAL COMMISSION AT COIMBATORE
Revision No.:______ of 2008
Memo of Parties
Petitioner
Versus
Respondents
Revision Petition under Section 17 (b) of the Consumer Protection Act, 1986
against the order dated _____ of Ld. District Consumer Redressal Forum Coimbatore, in case titled as ____
Coimbatore Petitioner
______ Through, Advocate
GROUNDS OF REVISION:
Respectfully Sheweth:
1. That the relevant facts and the facts leading to filing of present Revision are given in brief hereunder in chronological order for the convenience of your Lordships:-
Date______
Events ______
GROUNDS
2. That the humble Petitioner is invoking the jurisdiction of this Hon'ble Commission and seeking indulgence on the following grounds amongst others each one of which is without prejudice to and independent of other :-
(a) That the learned Forum below has acted with serious illegality in the exercise of jurisdiction vested in it by law. ____
(b) That there has been mis-appreciation of evidence and mis-application of the provisions of law by the Ld. Forum below. _____
(c) That a breach of the rules of natural justice occurred in connection with the making of the decision. ____
(d) That procedures that were required to be observed in connection with the making of the decision were not observed and there has been material irregularity in exercise of the powers vested with the Ld. forum below. _____
(e) That the decision was not authorized by the enactment in pursuance of which it was purported to be made. _____
(f) That the making of decision was on improper exercise of the powers conferred by the enactment in pursuance of which it was purported to be made. ______
(g) That decision incurred an error of law whether or not the error appear on the record of decision. _____
(h) That there was no evidence or other material to justify the making of the decision. _____
(i) That the decision was otherwise contrary to law _____ taking an irrelevant consideration into account in the exercise of power. _____
(j) That the Ld. forum below has failed to take relevant consideration into account in the exercise of a power. _____
(k) That the Ld. Forum below while making the decision was required by law to reach that decision only if a particular matter _____ was established and there was no evidence or other material [including facts of which the Ld. Forum below was entitled to take notice] from which the Ld. Forum below could reasonably be satisfied that the matter was established and the decision was based on the existence of particular fact and that fact did not exist.
(l) That the Ld. Forum below has not exercised judicious discretion vested in it in accordance with law in passing the impugned order. _____
(m) That the provisions of law have been mis-construed. More particularly ____
(n) That the Ld. Forum below has failed to appreciate the evidence on record and has drawn wrong inferences from the facts proved on record which has vitiated findings. _____
(o) That the Ld. Forum below has failed to appreciate the well-settled principles of law laid down by the Hon'ble Apex Court and this Hon'ble Commission in catena of cases.
3. That no similar Revision of Revision has been filed by the Petitioner on the similar grounds.
4. It is, therefore, most respectfully prayed that this Hon'ble Commission may be pleased to send for the records of the case and after examining the legality of the proceedings, may be pleased to set aside the orders of the Ld. Forum below dated _____ passed in case titled as ____. Such other orders may also please be passed as deemed fit and proper in the facts and circumstances of the case in favour of the Petitioner.
Coimbatore Petitioner
______ Through, Advocate
Before the Hon'ble TN State Consumer Redressal Commission at Coimbatore
Application No.:______ of 2008 in Revision No.______ of 2008
Petitioner/Applicant
Versus
Respondents
Application for stay of the impugned order of the Ld. District Consumer Redressal Consumer Forum dated _____ case titled as _____
Respectfully sheweth:
1. That the applicants have filed the above mentioned Revision in this Hon'ble court hearing whereof will take sometime.
2. That it is apparent from the grounds of the Revision and the documents attached therewith that the Petitioner/applicant has prima facie very good case in his favour and the Revision is bound to succeed.
3. That the interest of justice demands that during the tendency of the Revision operation of the impugned judgment of the Ld. District Redresal Forum below is stayed. Otherwise the applicant will suffer irreparable loss and injury which cannot be compensated in terms of money.
4. It is, therefore, most respectfully prayed that this application may be allowed in the interest of justice and during the tendency of this Revision the operation of the impugned order may be stayed in the interest of justice. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case.
Coimbatore Petitioner
______ Through, Advocate
Before the Hon'ble TN State Consumer Redressal Commission at Coimbatore
Application No.:______ of 2008 in Revision No.:______ of 2008
Petitioner/Applicant
Versus
Respondents
Affidavit in support of the application for stay
I,______, do hereby solemnly affirm and declare as under :
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 4 of the application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therefrom.
Affirmed at Coimbatore this the ______
Deponent
