Hon’ble Mrs. Rumpa Mandal, Member.

Order No.02, dt. 19/09/2024

The case record is taken up for passing the order.

The Complainant files a Review Application petition dated 23.08.24 is not maintainable in law according to C.P. Act, 2019 under section 40. The Review Application has not been filed by the Complainant within 30 (thirty) days from the date on which the Final Order was passed in Consumer case No. CC/97/2016.

In view of the order of the Hon’ble State Commission, Siliguri Circuit Bench in Revision Petition No. RP/2/2023 observed that the Ld. Forum had no power to review its own order as the statute did not empower.

The Hon’ble State Commission has been pleased to pass an order in the case of RP/2/2023 that “the law prescribed under the provision of the Consumer Protection Act, 1986 do not provide for passing of the impugned order in the manner it has been done”.

Here in the Review Application this Commission cannot review of its own order and by allowing the petition dated 23.08.24 it tantamounts to reviewing and recalling its own order, which is impermissible under the provisions of the Consumer Protection Act, 2019. He had relied in the Judgment passed in Sanat Kumer De Vs Shayma Prasad Das in D.C.D.R.C., Hoogly.

No reference of another District Commission can be applicable here, only decision of State Commission or National Commission is applicable. The power of review or recalling its own order is not available to the D.C.D.R.C., under the provision of the Consumer Protection Act, 2019. Under the circumstances without entering into the justifications of the impugned order, the same cannot be sustained simply because the law prescribed under the provision of section 40 of the Consumer Protection Act, 2019.

Accordingly, the instant Review Application is considered and rejected.

Hence, it is

Ordered

               That the Review Application being No. RA/1/2024 be and the same is disposed of.

D.A. to note in the Trial Register.

Let a copy of this order be sent to the parties free of cost.

The copy of this order is also available on www,confonet.nic.in

Dictated and corrected by me.