ORAL

RA/14/2020

         Union of India and another V/s K B Singh Lt. Col. (Retd.)

                   05-01-2021     

          Application has been moved on behalf of appellants of Appeal No. 1975/2008 Union of India and others V/s K B Singh, Lt. Col. (Retd.) with prayer to review order dated 19-04-2012 passed by this State Commission in above Appeal No.1975/2008 Union of India and others V/s K B Singh, Lt. Col. (Retd.) whereby above appeal has been dismissed in default of appellants.

          Office has reported some defects in the application which have not been removed by applicants/appellants.

          Learned Counsel Sri Shobhit Saxena appeared for applicants/appellants.

          Impugned order dated 19-04-2012 has been passed in above appeal by this State Commission much before enforcement of the Consumer Protection Act 2019. Therefore, provision of Consumer Protection Act 2019 is not applicable on this application and review petition under Section 50 of the Consumer Protection Act 2019 is not maintainable against this order.

Further it is relevant to mention that in view of proposition laid down by Hon’ble Apex Court in the case of Rajeev Hitendra Pathak and others V/s Achyut Kashi Nath Karekar and another reported in IV(2011) CPJ 35(SC) as well as provisions of the Consumer Protection Act 1986 this State Commission has no power to recall or review its order passed earlier.

In view of above application moved by applicants/appellants is disposed of finally with liberty to applicants to take other legal steps as per law. 

          President                            Member                        Member             

                                                         GY                                VS 

Pnt.                                              

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