HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is an application under section 50 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) praying for review of the order dated 09.12.2022 passed by this Commission wherein the complaint case filed by the review applicant was dismissed for default.

2. We have heard the Learned Advocate appearing for the review applicant on the application under section 50 of the Consumer Protection Act, 2019.

3. Learned Advocate appearing for the review applicant has submitted that on the last occasion due to sudden death of the grand father of the Learned Advocate for the complainant, the Learned Advocate could not come before the Hon’ble Commission and failed to present his argument before this Commission. He has further submitted that the absence of the Learned Advocate for the complainant was an unintentional one though on previous occasion show cause had been issued against the petitioner for non appearance by the Learned Advocate. He has further submitted that another opportunity should be given to the complainant to argue this case on behalf of the complainant. So, the review application under section 50 of the Consumer Protection Act, 2019 should be allowed and order dated 09.12.2022 should be reviewed.

4. To adjudicate this issue we deem it appropriate to refer section 50 of the Consumer Protection Act, 2019 which runs as follows :-

 “The State Commission shall have the power to review any of the order passed by it if there is an error apparent of 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.”

5. It is, therefore, clear that in view of section 50 of the Consumer Protection Act, 2019, this Commission has jurisdiction to review any 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 apparent on the face of the record that there is no error in passing the order dated 09.12.2022. As we find that there is no error in passing the order dated 09.12.2022 by this Commission, the instant review application under section 50 of the Consumer Protection Act, 2019 is not maintainable in law and is liable to be dismissed.

6. In the result, the application under section 50 of the Consumer Protection Act, 2019 filed by the review applicant is dismissed but without any costs.

7. The review application is, thus, disposed of accordingly.