Additional Bench

Present:-

          For the complainant         :         Sh.Simranjit Singh, proxy counsel for

                                                          Sh. Sandeep Khunger, Advocate  

          For OPs No.1&2              :         Sh. Manoj Vashishtha, Advocate

                                                          Defence struck off, vide or. dt. 26.04.2022

          For OP No.3                    :         Ex parte

          For OP No.4                    :         Sh. Tushar Arora, Advocate

Defence struck off, vide or. dt. 26.04.2022

M.A. No.914 of 2022(for condonation of delay in filing R.A. No.08 of 2022) & R.A. No.08 of 2022

          This application is filed by OPs No.1&2 for condonation of delay in filing the Review Application No.08 of 2022. 

          As per order of this commission dated 30.03.2022 OPs No.1&2 were directed to file written reply in the Registry within a period of 15 days from that date i.e. 30.03.2022.  Therefore, the written reply was to be filed on or before 13.04.2022.  However, the same was not filed upto 13.04.2022, therefore, the defence of OPs No.1&2 was struck of, vide order dated 26.04.2022.  Now OPs No.1&2 has filed R.A. No.08 of 2022 on 28.06.2022 along with application for condonation of delay of 34 days in filing the Review Application. 

          In the application, OPs No.1&2 has stated that the written statement was to be filed on 14.04.2022 and it could not be filed due to holidays from 14.04.2022 to 17.04.2022 and thereafter was filed on 18.04.2022, vide M.A. No.562 of 2022.  However as stated above, the written statement was to be filed by 13.04.2022 and not 14.04.2022 as averred by OPs No.1&2.  Section 50 of Consumer Protection Act with regard to review of any order reads as under:-

“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.”

          There is no error apparent on the face of the record i.e. in order dated 26.04.2022.  Therefore, the Review Application cannot be considered.  Moreover, the same has been filed with a delay of 34 days. 

          In view of the above, the delay application as well as Review Application No.08 of 2022 are dismissed.