28.10.2024

:ORDER ON ADMISSION:

BY MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER

         The Review Applicant/appellant preferred this Review Application being aggrieved by the order dated:29/04/2024 passed in Appeal Nos.482/2015 prays to set aside the order by allowing the Review Application in the interest of justice.

2.      On going through the Review Application filed U/s 50 of the Consumer Protection Act 2019 and order passed by us, it is appropriate to quote the provisions of Section 50 of Consumer Protection Act 1986 2019 hereunder:-

“The State 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”.   

3.      We noticed here that the order passed by this Commission has no error either in law or any error apparent on the face of record as contemplated U/s 50 of the Consumer Protection Act 2019.

4.      Heard advocate for Review Applicant on admission.  On perusal, it is noticed that the complainants borrowed the loan by mortgaging the property with the Opposite Party no.2 in turn the Opposite Party No.2 assigned the said property in favour of Opposite Party No.1 by creating the lien.  Meanwhile, the Opposite Party No.1 created lien with LIC of India.  The complainants have produced the clearance certificate which shows that the complainants have cleared the loan then, it is the bounden duty of the Opposite Party No.2 to handover the title deeds to the complainant.  The Opposite Parties have not produced any document to show that there is due from the complainants and also not issued any intimation or notice about the due to the complainants.  Hence, the Order passed by this Commission is just and proper.  Moreover, there is a delay in filing the Review Application.  The Review Applicant has not filed this Review Application within the stipulated period.  Further, he has filed an application along with sworn affidavit to condone the delay of 71 days in preferring this application.  The reasons assigned in the sworn affidavit are casual in nature which is not satisfactory to condone the delay.  Hence, no grounds made out to allow this Review Application.  Hence, the Review application fails.

5.      As per the provisions of Section 50 of Consumer Protection Act 2019, if there is any error on law or error on the face of record, then only Review application can be filed, otherwise, if the appellant not satisfied with the order, he is at liberty to approach the Hon'ble National Consumer Disputes Redressal Commission at New Delhi as per the provisions of Consumer Protection Act by filing an appeal.  Hence, we do not find any merits in the Review Application.  Accordingly, we proceed to pass the following:-

:ORDER:

The Review Application is dismissed with no order as to costs.

Notify the order to the parties and place this order/records along with concerned appeal records.

        
Sd/-                                                                     Sd/-

MEMBER                                          JUDICIAL MEMBER

KCS*