NCDRC

NCDRC

MA/384/2024

OCEAN PARK RAHWASI RAKSHRAKHAW - Complainant(s)

Versus

M/S LIFE STYLE INFRATECH PVT. LTD - Opp.Party(s)

KISHORE M GAJARIA

27 Sep 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 384 OF 2024
IN
CC/391/2018
1. OCEAN PARK RAHWASI RAKSHRAKHAW
DELHI HIGH COURT NEW DELHI
NEW DELHI
DELHI
...........Appellants(s)
Versus 
1. M/S LIFE STYLE INFRATECH PVT. LTD
OCEAN PARK TOWNSHIP NEAR DELHI PUBLIC SCHOOL NIPANIA INDORE 452016
NEW DELHI
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE SUDIP AHLUWALIA,PRESIDING MEMBER
 HON'BLE MR. ROHIT KUMAR SINGH,MEMBER

FOR THE APPELLANT :
MR. KISHORE M. GAJARIA, ADVOCATE
MR. AAYUSH B.P., ADVOCATE
FOR THE RESPONDENT :
: MR. RAVINDRA CHAWBA, SR. ADVOCATE
MR. RITESH KHARE, ADVOCATE.

Dated : 27 September 2024
ORDER

Dated :   27.09.2024

                                                  ORDER

The prayer in this application is to review/recall the Order dated 6.5.2024 vide which the Complaint was dismissed by the Hon’ble Mr. Binoy Kumar, Presiding Member, of the concerned Bench.  The submission of the Applicant is that earlier on 2.1.2024, the Hon’ble President of this Commission had granted time for six weeks to the Complainant to file the documents pertaining to re-election of the Executive Members of the Complainant Society and the Hon’ble President had also observed that in the event of the documents not being filed within the time permitted, the Complaint would be dismissed.

2.      However, the Complainant/Applicant failed to file the documents within the time specified. On the other hand, it filed IA No. 6134 of 2024 on 16.4.2024, for bringing on record the Authorised Representative of the Complainant Society.  The application was opposed on behalf of the Opposite Party who submitted that on account of the delay in compliance of the earlier Order dated 2.1.2024, the Complaint ought to be dismissed as had already been observed in the previous Order.  No application for condonation of delay had also been filed on behalf of the Applicant. Consequently, the Complaint was dismissed with the following observations –

Evidently, there is a delay in filing of the Application. This is a Consumer Complaint on 2018 and the matter is still in its initial stage. In view of the Order dated 02.01.2024, the Complaint is dismissed for non-prosecution.”

3.      In the instant application, it has been mentioned that due to inability of the Complainant’s Counsel to attend to his professional duties on account of serious ailments in the interregnum, he was unable to give appropriate instructions in the matter for timely compliance of the earlier Order dated 2.1.2024.

4.      The application has been strongly opposed on behalf of the non-Applicant/Opposite Party which filed its reply to the same on 11.7.2024.  We are of the opinion that there is no mistake apparent on the face of the record in the matter which would justify reviewing or recalling the Order dated 6.5.2024.  It was passed with the proper reasoning that compliance of the previous Order dated 2.1.2024 had not been done within the specified time, and even no application for condonation of delay was filed alongwith IA No. 6134 of 2024.  The dismissal Order was passed subsequently in view of the caution already contained in the previous Order dated 2.1.2024.  At any rate, the Consumer Complaint in question was filed in the year 2018, on account of which it would be governed by the provisions of the pre-amended Consumer Protection Act, 1986, in which there was no power for this Commission to review its own Order.  Even under Section 22(2) of the amended Consumer Protection Act, 2019 there is only a limited power to review in a case of “mistake apparent on the face of the record”, which is however, is not at all the case here.

5.      For the aforesaid reasons, we find no merit in the instant application which is accordingly dismissed.  No orders as to costs.

         

 
......................................J
SUDIP AHLUWALIA
PRESIDING MEMBER
 
 
...........................................
ROHIT KUMAR SINGH
MEMBER

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