KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVIEW APPLICATION No.40/2024
ORDER DATED: 25.10.2024
(Against the Order in Appeal.No.517/2024 dated 19.08.2024)
PRESENT:
HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR | : | PRESIDENT |
SRI. AJITH KUMAR D. | : | JUDICIAL MEMBER |
SRI. K.R. RADHAKRISHNAN | : | MEMBER |
REVIEW PETITIONER:
| Jayaprakasan K., S/o Ambadi, Kizhakkayil, Nallanhiparambu, P.O. Pallikunnu, Kannur - 4 |
(by Adv. K.P. Preethakumari)
Vs.
RESPONDENT:
| Puthalathu Rajesh, S/o Govindan K., Kunhivalappil House, Near Kanthur Temple, P.O. Pallikkunnu, Kannur represented by PA Holder, Kanaka P., W/o Ramesh Babu residing at Nelliyottu House, Alavil Post, Kannur |
ORDER
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
This is an application filed by the appellant in appeal No. A 517/2024 by resorting to Section 40 of the Consumer Protection Act, 2019.
2. The petitioner has quoted a wrong Section in seeking a relief. Section 50 is the correct Section to be quoted for passing an order of review by the State Commission. Quoting a wrong provision alone is not a ground to disentitle the petitioner from seeking a relief if he is otherwise found eligible.
3. Along with the appeal the petitioner had filed I.A.No.1051/2024 seeking stay of the order passed by the District Commission. Stay was ordered by this Commission on a condition that the petitioner should deposit an amount of Rs.2,67,500/-(Rupees Two Lakhs Sixty Seven Thousand Five Hundred only) before the District Commission within a period of one month from the date of receipt of the copy of the order.
4. According to the petitioner, the order passed by this Commission has to be modified on the reason that the review petitioner is a chronic patient who is unable to deposit Rs.2,67,500/-(Rupees Two Lakhs Sixty Seven Thousand Five Hundred only). So the petitioner would seek for modification of the condition that the petitioner need deposit only a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) as a condition for obtaining an order of stay.
5. Heard the counsel for the petitioner. Perused the records.
6. Review could be ordered only in cases where error apparent on the face of the record occurred. This Commission has imposed a condition to deposit Rs.2,67,500/-(Rupees Two Lakhs Sixty Seven Thousand Five Hundred only) for granting a stay of the order passed by the District Commission. There is no error in the order of this Commission so as to make any modifications or correction. The petition is only to be dismissed as the petitioner could not point out any error in the order passed by this Commission.
In the result, the review application is dismissed. No costs.
JUSTICE B. SUDHEENDRA KUMAR | : | PRESIDENT |
AJITH KUMAR D. | : | JUDICIAL MEMBER |
K.R. RADHAKRISHNAN | : | MEMBER |
SL
