Reserved
Review Application No. 56 of 2022
Mahindra & Mahindra Financial Services Ltd. .. Applicant.
Dinesh Kumar Singh & anr. …Opposite Parties.
ORDER
24.2.2023
Per Sri Rajendra Singh, Member: This review petition has been filed by Mahindra & Mahindra Financial Services Ltd. praying to allow the revision and recall, correct and/or modify the order dated 2.9.2022.
We have heard ld. Counsel for the applicant Sri Alok Kumar Srivastava. None for the opposite parties.
We have perused judgment dated 2.9.2022 which has been passed after discussing the various aspects and after perusing the documents available on record. This review petition has been filed and prayer is made for recall, correct and/or modify the order dated 2.9.2022.
The complaint case was filed in the year 2017 i.e. under the Consumer Protection Act, 1986. In view of the Hon’ble Supreme Court if a matter relates to old Act, it may be considered accordingly and if a matter relates to new Act i.e. After July, 2020, it will be tried according to new Act. So, it is clear that this matter pertains to the old Act and there is no provision of review in the old Act.
In this respect, we perused the judgment passed in civil appeal no.3766-3767 of 2020, Neena Ajeja & anr. Vs. Jai Prakash Associates Ltd., Supreme Court Judgment dated March 16, 2021. The Hon’ble Supreme Court has held that:
“All proceedings instituted before 20 July, 2020 under the Act of 1986 shall continue to be heard by the fora corresponding to those designated under the Act of 1986 as explained above and not be transferred in terms of the new pecuniary limits established under the Act of 2019”
Now, it is clear that this review petition is not maintainable and is liable to be dismissed.
(2)
ORDER
The review petition is dismissed.
(Vikas Saxena) (Rajendra Singh)
Member Presiding Member
Judgment dated/typed signed by us and pronounced in the open court.
Consign to record.
(Vikas Saxena) (Rajendra Singh)
Member Presiding Member
Jafri PA I
Court 2
