Hear the learned counsel for the applicant. Perused the material available in record .We have our thoughtful consideration on the submission of the learned counsel for the applicant.
This application U/S 40 of C.P Act.2019 is presented with a prayer to review the order dt.21.07.2022 by cancelling the same as passed against the applicant in C.C No.84/2018on the ground that impugned order is contrary to law, as well as facts of the case so all so observation made by the Hon’ble Commission contained some wrong facts.
Learned counsel for the applicant /Bank submits that there are errors in finding of the commission as the transactions of Txn. No 8692 & 8694 ,which were actually conducted on 26.05.2018, were never questioned by the respondent/complaint in his pleading and hence the same were not earlier submitted by the Applicant/ Opposite party Bank in its pleading .But ,the Hon’ble District Commission has sou mouto taken the above transactions and then passed the above order against the applicant /opposite party Bank and that the complainant /respondent was trying to take wrongful gain of a small technical issue that both the transactions of 27.05.2018 & 28.08.2018 were reflecting on one day i.e. 28.05.2018 and that, Hon’ble District Commission should not allowed someone to take wrongful gain of a small technical issue even if the fact that all the transaction were successful otherwise there will be definite loss of public money.
This commission has limited jurisdiction U/S 40 of C.P Act 2019 to review its own order which may read as follows:- “The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record ,either of its own motion or on an application made by any of the parties within thirty days of such order”, as such authority under above section 40 of C.P Act 2019 can be invoked only in the specific circumstances where an error apparent on the face of the record and if such error is not show apparent and would need leading of evidence to establish the fact alleged then review of impugned order shall not be granted.
Here in this case, the learned counsel for the applicant raised a discovery of new and important evidence on a question of facts that, the transactions of Txn. No 8692 & 8694, which were actually conducted on 26.05.2018, were not earlier submitted by the Applicant/ opposite party Bank in its pleading as those were never questioned by the respondent/complaint in his pleading.
We are of our consider opinion that, these facts cannot be accepted without strict proof of the same.
Law is well settled that, no application for review shall be granted on the ground of discovery of new matter for evidence which the applicant alleges was within his knowledge but could not be adduced by him when impugned order was passed.
The submission of the Learned counsel for the applicant that impugned order is contrary to law, as well as facts of the case so all so observation made by the Hon’ble Commission contained some wrong facts in the original consumer complaint clearly show that, the applicant has disputed the finding of the Commission while passing of the impugned order on merits.
Law is further settled that, a conclusion arrived at by the processer conscious reasoning cannot constitute an error of law apparent on the face of the order to be reviewed. It is further settle that a review cannot be granted on the mere ground that the decision arrive at is erroneous on merit.
Based on the above facts and settle principle of law it appears that there is no sufficient ground for a review of the order dt.21.07.2022 passed in C.C No. 84/2018 of this Commission. Hence, this review application is hereby rejected.
Pronounced in the open Commission today on 30th November 2022 under the seal & signature of this Commission.
Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.
Dictated & corrected by me .
President
I agree
Member President
