HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is an application under section 50 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) praying for review of the order No. 2 dated 08.05.2023 passed by this Commission in connection with the Consumer Case No. 46/2023 whereby the case was dismissed for default. 

2. We have heard the Learned Advocate appearing for the review applicant on the application under section 50 of the Consumer Protection Act, 2019. Learned Advocate appearing for the review applicant has submitted that the Consumer case No. 46/2023 was fixed on 08.05.2023 and on such date the said complaint was dismissed for default due to non appearance of the Learned Advocate for the complainant. He has further submitted that the Learned Advocate on record Mr. Abhimanyu Banerjee on that day could not appear before this Commission at the time of call as he was otherwise detained due to consecutive matters in the Hon’ble Court at Calcutta.

3. He has further submitted that on 08.05.2023 Learned Advocate on record had reached this Commission when the item No. 3 was going on and the complaint case was listed as item No. 2. Learned Advocate on record had mentioned the matter before this Commission after item No.3 was over but to no effect. So, the review application under section 50 of the Consumer Protection Act, 2019 should be allowed and the order dated 08.05.2023 should be reviewed.

4. To adjudicate this issue we deem it appropriate to refer to section 50 of the Consumer Protection Act, 2019 which runs as follows :-

“The State 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.”

5. On perusal of the said provision of the Act it is clear that in view of section 50 of the Consumer Protection Act, 2019 this Commission has jurisdiction to review any order passed by it, if there is an error apparent on the face of the record, either on its own motion or on an application  made by any of the parties within 30 days of such order. It is apparent on the face of the record that there is no error in passing the order dated 08.05.2023. As we find that there is no error in passing the order No. 2 dated 08.05.2023 by this Commission, the instant review application is not maintainable in law and is liable to be dismissed.

6. In the result, the application filed by the review applicant is dismissed but without any order as to costs.

7. The review application is thus disposed of accordingly.