Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

RA No.4 of 2024

Dr. P.K. Pathak through Pathak Hospital,

Kachcheri Road, near DAV Inter College,

Mainpuri.                                                              …applicant.                                                                         

Ramtirth, aged about 53 years, s/o Lalta Prasad,

R/o Mohalla, Mainpuri Road, Bhogaon,

District, Mainpuri.                                             …Opp. Party.

Present:-

1- Hon’ble Sri Rajendra  Singh, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri  Sushil Kumar Sharma,  Advocate for the applicant.

None for the opp. party.

Date  21.3.2024

JUDGMENT

Per Mr. Rajendra Singh, Member: This review application has been moved by the applicant stating that the judgment and order dated 17.1.2024 passed in appeal no.2606 of 2016 is against a dead person.

Heard and perused the judgment.

It is said that the appellant Ramtirth is no more. Hence, the judgment be set aside and after impleadment of the legal heirs, it should be decided as fresh.

There is no such provision of review under the Consumer Protection Act, 1986. Now in the execution proceedings LRs may file execution. So, at this stage, the judgment cannot be set aside.  So, the revision is liable to be dismissed.

ORDER

The review application is dismissed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.      

       (Vikas Axena)                     (Rajendra Singh)         

           Member                        Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Axena)                        (Rajendra Singh)         

           Member                            Presiding Member

Dated    21.3.2024

JafRi, PA I. 

Court  1