West Bengal

Kolkata-I(North)

MA/377/2023

Mr. Goutam Ghosh - Complainant(s)

Versus

M/S. Goldenbird Travels Pvt. Ltd. - Opp.Party(s)

04 Jul 2024

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/377/2023
( Date of Filing : 20 Dec 2023 )
In
Complaint Case No. CC/85/2021
 
1. Mr. Goutam Ghosh
S/o Late Dr. Rebatimohan Ghosh, Plot No. - AL/1/B/8, Street No. 0015, Near Water Tank No. - 3, Action Area - 1, New Town, Kolkata - 700156, West Bengal.
...........Appellant(s)
Versus
1. M/S. Goldenbird Travels Pvt. Ltd.
34A, Metcalfe Street, Room No. 8A, P.S. - Hare Street, Kolkata - 700013.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Sailaranjan Das PRESIDING MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 04 Jul 2024
Final Order / Judgement

Order No.  5

Ld. Advocate for the complainant/petitioner is present.

Ld. Advocate for the opposite party is present.

The instant Misc. Application has been filed by the complainant/petitioner with the prayer to give him liberty to file questionnaire.

The complainant was directed to file questionnaire as a last chance on 25/03/2023 but on the next date i.e. 29/05/2023 the complainant was not present.

Therefore, this Commission closed the cross examination of the opposite party witness by the complainant.

The instant Misc. Application has been filed.

 On perusal of the Misc. Application it is observed that no provision of law has been cited therein based on which the prayer can be considered.

However, U/S 40 of the Consumer Protection Act,2019 the Commission has been endowed with the power to review its own order under certain circumstances.

Section 40 reads as follows:

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.”

It is observed that there is no error apparent in the order passed by this Commission. Moreover, long period of time has lapsed from the date of passing of the order.

Therefore, there is no merit in the Misc. Application and hence the same is dismissed without cost.

 
 
[HON'BLE MR. Sailaranjan Das]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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