Orders on Admission

1. The complainant herein has filed a Review Petition U/Sec.40 of Consumer Protection Act 2019 as against OPs praying for review the order dated 8.1.2020 passed by this Forum in C.C.No.214/2019 to admit the same stating that, the                                 CC No.214/2019 is maintainable.

2. The complainant / Revision Petitioner has remained absent before this Forum and not addressed any arguments on the maintainability of this Review Petition before this Forum.

3. We have gone through the records and the citations submitted by the complainant/Revision Petitioner.

4. We have perused the records.  The following points that have been arisen for our consideration; 

1. Whether the Review Petition filed U/Sec.40 of Consumer Protection Act 2019 is maintainable before this Forum?

2. What order?

5. Our answer to the above said points are as under;

1. In the Negative.    

2. As per final order below; 

:: REASONS ::

6. Point No.1 :-

                    We have gone through the Consumer Protection Act 2019.  The said Act has come in to existence on 9.8.2019, but not yet come into force.  The provisions of Sec.1 reads thus;

1.      (1) This Act may be called the Consumer Protection Act 2019.

          (2)     It extends to the whole of India except the State of Jammu and Kashmir.

          (3)     It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

          (4)     Save as otherwise expressly provided by the Central Government, by notification, this Act shall apply to all goods and services.”

          As per provisions of sub-section (3) and (4) of Consumer Protection Act, so far no circulars have been issued either by Central Government or by State Government.  Therefore, the said Act has not come into force.   The CC No.214/2019 has been filed before this Forum as against the OPs herein U/Sec.12 of Consumer Protection Act 1986.  By invoking the provisions of Consumer Protection Act 1986, this Forum has passed the order in said C.C.No.214/2019 on 8.1.2020.  As per the provisions of Consumer Protection Act 1986, there is no powers for review the order passed by this District Forum by itself.  No doubt, there is a provision U/Sec.40 of Consumer Protection Act 2019 to review the order, but the said Act 2019 has not come into force and as such the Review Petition filed by the complainant/Revision Petitioner is not maintainable.  The Hon’ble Supreme Court has laid down a dictum in the decision reported in 2011 SAR (Civil) 809 (Rajeev Hitendra Pathak and others V/s. Achyut Kashinath Karekar and Another) that, District Forum and Hon’ble State Commission have no power to review or recall their own orders.  Hence, this Forum has no power to review the order dated 8.1.2020 passed in C.C.No.214/2019.   We have gone through the entire records including the citations.   The citations submitted by the complainant for revision, but they are not at all applicable to the present facts and circumstances of the case.  At present, there is no clarification as to whether, the Consumer Protection Act 2019 is having retrospective effect or perspective effect.  So far, no rules have been framed by Central Government on the Consumer Protection Act 2019.  Hence, the Point No.1 is answered in the Negative.

7. Point No.2 :

                   For the reasons stated above, we proceed to pass the following; 

:: ORDER ::

                    The complaint/Review Petition filed by the complainant as against the OPs under the provisions of Sec.40 of Consumer Protection Act 2019 is hereby dismissed. 

                    However, no order as to costs.