DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (CENTRAL)ISBT KASHMERE GATE DELHI

COMPLAINT CASE NO. 42/2020

No. DC/ Central/

vs.

Coram:       Ms. Rekha Rani, President

                    Shri Vyas Muni Rai, Member

                   Ms. Shahina, Member (Female)

ORDER

Ms. Rekha Rani, President

1. The complainant has filed review application against the Order passed by the predecessor Bench of this Commission on 29.07.2020. We have heard Adv. Parbhunath Chaudhary, counsel for the complainant. We have perused the case file. Admittedly, the impugned order was passed on 29.07.2020. The instant application seeking review of the impugned  Order was filed on 01.04.2022 which is after 22 months. Section 40 of the Consumer Protection Act 2019 which provides for review by District Commission reads as follows:-

“The District Commission 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.”

2. This section provides that the District Commission have the power to review its Order if there is an error apparent on the face of record and the review is maintainable within 30 days of the Order.
3. The impugned Order was passed on 29.07.2020 and the instant application was filed on 01.04.2022. Hence, there is delay of 22 months.
4. The review is maintainable only if there is error apparent on the face of the record. The Order cannot be rewritten on the basis of submissions made by the complainant which submissions were already on record when the impugned Order was passed by the predecessor Bench of this Commission. Application dismissed. File be consigned to record room.

Announced on this19th  May of 2022.