NCDRC

NCDRC

RA/103/2024

BALAJI HEIGHTS CO. OP. HSG. SOCIETY LTD. - Complainant(s)

Versus

M/S. BALAJI ENTERPRISES - Opp.Party(s)

MR. DNYANARAJ G. SANT

19 Apr 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVIEW APPLICATION NO. 103 OF 2024
IN
CC/160/2022
1. BALAJI HEIGHTS CO. OP. HSG. SOCIETY LTD.
...........Appellants(s)
Versus 
1. M/S. BALAJI ENTERPRISES
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT

FOR THE APPELLANT :

Dated : 19 April 2024
ORDER
  1. This Review Application has been filed for reconsideration of the order dated 08.01.2024 contending that the Complainants are partly dissatisfied and partially aggrieved by not getting the entire relief as prayed for and has further pointed out deficiencies in paragraph 6 to urge that the Complainants deserve to be reimbursed accordingly. The Applicant/Complainants have also relied on the inspection cum valuation report to contend that negligence was found on the basis whereof they are entitled to full relief.
  2. The grounds for review under paragraph 13 states that either the various amounts as claimed to be paid to them or alternatively, a sum of Rs.15,50,000/- along with 15% interest be paid to them.
  3. In effect the claim through the Review Application is that the other monetary claims deserve to be granted and therefore the judgment deserves to be reviewed.
  1. Having perused the judgment, it is evident that the report dated 25.01.2022 has been discussed and the deficiencies have been suitably compensated and orders have been passed. There is no error apparent on face of record to entertain the Review Application so as to warrant a reconsideration.
  2. Apart from this, a review is not a rehearing.  The Application therefore is misconceived and deserves to be rejected in the light of the ratio of the judgment of the Apex Court in the case of S. Murali Sundaram Vs. Jothibai Kannan and Ors., 2023 SCC Online SC 185 wherein the Apex Court in para 15 of the judgment has observed, as under:

“While considering the aforesaid issue two decisions of this Court on Order 47 Rule 1 read with Section 114 CPC are   required   to   be   referred   to? In   the   case   of Perry Kansagra   (supra) this   Court   has   observed   that   while exercising the review jurisdiction in an application under Order 47 Rule 1 read with Section 114 CPC, the Review Court does not sit in appeal   over   its   own   order.  It   is observed that a rehearing of the matter is impermissible  in law. It is further observed that review is  not appeal in disguise. It is observed that power of review can be exercised for correction of a mistake but not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power.  It is further observed that it is wholly unjustified and   exhibits a tendency to rewrite a judgment by which the controversy has been finally decided.  After considering catena   of decisions on exercise of review powers and principles relating to exercise of review jurisdiction under Order 47 Rule 1 CPC this Court had summed upon as under:

“(i)       Review proceedings are not by way of appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 CPC.

(ii)        Power of review may be exercised when some mistake or error apparent on the fact of record is found.  But error on the face of record must be such an error which must strike one on mere looking at the record and would not require any long­drawn process of reasoning on the points where there may conceivably be two opinions.

(iii)       Power of review may not be exercised on the ground   that   the decision   was   erroneous   on merits.

(iv)       Power of review can also be exercised for any sufficient reason which is wide enough to include a misconception of fact or law by a court or even an advocate.

(v)      An   application   for   review   may   be necessitated   by   way of invoking   the   doctrine actus curiae neminem gravabit.” 

 

  1. Reference be had also to the judgment of the Apex Court in the case of M/s. Northern India Caterers (India) Ltd. Vs. Lt. Governor of Delhi, (1980) 2 SCC 167, wherein in Para 8 of the judgment, the Apex Court has observed as under:

“It is well settled that a party is not entitled to seek a review of a judgment delivered by this Court merely for the purpose of a rehearing and a fresh decision of the case. The normal principle is that a judgment pronounced by the Court is final and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so: Sajjan Singh v.State of Rajasthan (1965) 1 SCR 933, 948. For instance, if the attention of the Court is not drawn to a material statutory provision during the original hearing, the Court will review its judgment: G.L.Gupta v.D.N.Mehta (1971) 3 SCR 748,750. The Court may also reopen its judgment if a manifest wrong has been done and it is necessary to pass an order to do full and effective justice: O.N.Mohindroo v.Distt.Judge, Delhi (1971) 2 SCR 11, 27. Power to review its judgments has been conferred on the Supreme Court by Article 137 of the Constitution, and that power is subject to the provisions of any law made by Parliament or the rules made under Article 145. In a civil proceeding, an application for review is entertained only on a ground mentioned in Order 47 Rule 1 of the Code of Civil Procedure, and in a criminal proceeding on the ground of an error apparent on the face of the record (Order XL, Rule 1, Supreme Court Rules, 1966). But whatever the nature of proceeding, it is beyond dispute that a review proceeding cannot be equated with the original hearing of the case, and the finality of the judgment delivered by the Court will not be reconsidered except “where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility”: Sow Chandra Kante v. Sheikh Habib, (1975) 3 SCR 933.”

 

  1. The Review Application is accordingly rejected.
 
.........................J
A. P. SAHI
PRESIDENT

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