ORDER

02.12.2024

Sh. RAJESH, MEMBER.

1. Vide this order we will be deciding the application filed by complainant for review of impugned order dated 10.07.2024.
2. It is stated in the present application that this Commission failed to consider the fact that the impugned order was passed without affording an opportunity of hearing to the complainant. It is stated that the counsel for the complainant has been prosecuting the case diligently on all previous hearings since the years 2021 i.e. the year of filing of the case. 
3. It is stated that on 10.07.2024 the counsel for the complainant after attending an urgent hearing before the Armed Forces Tribunal Principal Bench at RK Puram New Delhi was on his way for attending the present case before this Commission however owing to heavy traffic the Legal Counsel couldn’t reach the Commission in time and when the reached this Commission then the impugned order was already pronounced. It is stated that though the counsel tried to join through VC while stuck in Traffic however he couldn’t join the same as the same was not functional.  
4. It is stated that it was completely due to unforeseen circumstances beyond the control of the Legal counsel that he was not able to attend the hearing on 10.07.2024. It is stated that the complainant was not within Delhi and therefore completely relied upon the counsel for presenting the case before this Commission, however, owing to the unforeseen circumstances explained above the counsel for was not able to reach this Commission within time.
5. It is, therefore, applicant has prayed that this Commission review the order dated 10.07.2024 and restore the present complaint to its original number.
6. We have heard Sh. Arvind Malik Ld. Counsel for the applicant / complainant and perused the record available before us.
7. The present application has been filed u/s 40 of C.P. Act, 2019 which reads as under:-

Section 40: Review by District Commission in certain cases:-

“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”.

The Consumer Protection Act, 2019 laid down the procedure before the District Commission from section 34 to 39. As per section 38 (9) (a to f) provides powers same as vested in a Civil Court under the code of civil procedure, 1908 while trying a suit in respect of the falling matters namely :-

1. The summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;
2. Requiring the discovery and production of any document or other material object as evidence;
3. Receiving of evidence on affidavits;
4. The requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
5. Issuing of commissions for the examination of any witness, or document; and
6. Any other matter which may be prescribed by the Central Government.

8. Upon reviewing the allegations set forth in the complainant’s application, it is evident that the applicant is seeking the restoration of the original complaint, which was dismissed in default of the complainant.
9. In accordance with Section 40 of the Consumer Protection Act, 2019, the power of review is restricted to the correction of errors that are apparent on the face of the record. Such power does not extend to allowing the review to function as an appellate body, nor does it grant the authority to revisit the final order and adopt a position contrary to that previously taken in the earlier decision.
10. Since the presence of an error apparent on the face of the record is a sine qua non for the maintainability of an application under Section 40 of the Consumer Protection Act, 2019, the present application is neither maintainable under the law nor supported by the facts of the case.
11. In light of the foregoing statutory provisions, observations, and discussions, we find that the applicant/complainant has failed to identify any error apparent on the face of the record in the present application. Consequently, as the application is not maintainable under Section 40 of the Consumer Protection Act, 2019, it is hereby dismissed with no order as to costs.
12. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission on 02.12.2024.

SANJAY KUMAR                NIPUR CHANDNA               RAJESH

PRESIDENT                        MEMBER                         MEMBER