Karnataka

StateCommission

RA/105/2023

SRI. KALI PRASAD PONNURU, - Complainant(s)

Versus

P R JANANI APARTMENT .,REPRESENTED BY ITS BUILDER CUM OWNER SRI. C B RAMAPRAKASH S/O LATE C R BALARA - Opp.Party(s)

23 Nov 2023

ORDER

                Date of filing :25.09.2023

                 Date of Disposal:23.11.2023

 

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

 

DATED:23.11.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR:JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

 

REVIEW APPLICATION No.105/2023

 

Sri Kali Prasad Ponnuru

S/o Sri Ponnuru Venkata Krishna Rao

Aged about 45 years

Residing at No.46, II Floor

P R Janani, 2^nd Main, 3^rd Cross

Poornapragna Layout

Kathriguppe BSK 3^rd Stage

Bengaluru-560 085

(By Mr Naveennanda D T, Advocate)                              Petitioner

 

-Versus- 

P R Janani Apartment

Represented by its Builder Cum Owner

Sri C B Ramaprakash

S/o Late C R Balaramaiah Shetty

Aged about 56 years

R/at No.46, III Floor

P R Janani, 2^nd Main, 3^rd Cross

Poornapragna Layout

Kathriguppe, BSK 3^rd Stage

Bengaluru – 560 085                                                     Respondent

: ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

 

 

01.     This Review Petition is filed under Section 50 of Consumer Protection Act 2019, by Complainant to review the Order dated 14.08.2023 passed in Consumer Complaint No.231/2022 by this Commission.

02.     Heard the learned Counsel for the Review Petitioner.   Considering the nature of the case, issuance of the Notice to the Respondent in this Petition is dispensed with to avoid further delay.

03.     The Petitioner in this Review Petition contends that the OP had played false tricks before the Hon’ble Commission in the absence of the complainant and his counsel, by getting the order of proceed to close the consumer complaint.  Hence, opportunity be given to the Petitioner/Complainant to present final arguments and thus seeks to set aside the impugned order.

 

04.     Perusal of the records reveals that this Commission on 14.08.2023 held that the allegation raised by the Complainant in CC No.231/2022 has been fulfilled by the OP as per the instructions given by this Commission on 11.08.2023.

 

05.     This Commission is of the considered view that it would be appropriate to make mention of Section 50 of CP Act 2019, which provides for Review by State Commission in certain cases and Section 50 of CP Act 2019 ‘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’.  

06.     This Commission having examined the Impugned Order, the mandate under Section 50 of CP Act 2019 and the contents of the Review Application and prayer thereon, we are of the view that, the Order of this Commission sought to be reviewed shall not fall under the category to be reviewed on an Application preferred.

07.     If the Complainant/Review Applicant is aggrieved by the Order of this Commission, is at liberty to avail remedies available to him under CP Act 2019 itself and not under Section 50. In such view we proceed to dismiss Review Application filed under Section 50 of CP Act, 2019 with no order as to costs.

08.     Send a copy of this Order tothe parties concerned, immediately.

 

 

Lady Member                   Judicial Member                       President

*s