Order No.9 dtd.15.03.2023
This is an application for review under section 40 of C.P.Act,2019. Present R.A. No. 4/2022 arising out of C.C.Case No. 40/2017 which was disposed 2nd time by the Order of Honbl’e SCDRC and accordingly this Commission given opportunity being heard and disposed on 12.07.2022.
Heard Ld. Counsel for Review Petitioner and Complainant gone through the petition and also heard DHR, perused the materials available on record.
The DHR filed RA petition alongwith Misc case U/s -5 of limitation Act for condonation of delay. C.C.Case disposed off on 12.7.2022 and RA could have filed within 30 days of received of the order, but RA filed on 20.10.2022. The delay which if allowed cause prejudice to DHR and such delay was due to miscommunication on between counsel for JDR & JDR itself. The JDR being a Corporate entity should not submit such ground which is not acceptable to this Commission.
- The Jdr alleged the grounds the present dispute purely account dispute and not coming under C.P.Act, 2019.
- Basanti Satapathy, W/o- Complainant not a consumer and no way connected in this Case.
- Conducting counsel of DHR have no authority to conduct the C.C.Case without instruction.
On the above grounds the JDR prayed to review the order passed on 12.07.2022 and recall the same.
We have not found any such grounds to recall previous order. All the grounds raised by the JDR are devoid of merit RA can be only allowed when there is a topographical error, arithmetic error, clerical mistake which is absent in previous order. We can’t substitute one order with another with completer different view, a long drawn new adjudication not permissible in R.A. The RA application filed by JDR have no such merit for consideration by DCDRC, in our considered view the same must be dismissed and resultantly dismissed.
On the above observation/direction the R.A. No. 4/2022 is disposed off.
Sd/- Sd/-
Member President
