West Bengal

Hooghly

RA/9/2023

Shri Srijit Banerjee - Complainant(s)

Versus

Shri Arunmoy Chakraborty - Opp.Party(s)

PIYUSH KANTI BANERJEE

14 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Review Application No. RA/9/2023
( Date of Filing : 26 Apr 2023 )
In
Complaint Case No. CC/37/2019
 
1. Shri Srijit Banerjee
P.O ANS P.S- UTTARPARA, PIN- 712258
HOOGHLY
WEST BNEGAL
...........Appellant(s)
Versus
1. Shri Arunmoy Chakraborty
71 Dr Sarojnath Mukherjee Street, P.O & P.S - Uttarpara, 712258
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 14 Dec 2023
Final Order / Judgement

This case record is taken up for consideration for passing order in view of the review application filed by the applicant for modification of the judgment passed in CC-37/2019 on 3.3.2023.

This matter has been contested by OP.

The argument highlighted by ld. advocates of both sides has been heard in full.  Considered submission.

Perused the R/A application filed by the applicant under section 40 of the Consumer Protection Act, 2019.  Examine the written objection filed by the OP,  also have gone through the material of the case record of CC-37/2019.

After going through the material of this case record it is revealed that there is no error apparent on the fact of the judgment.  Moreso, the judgment which is passed by this District Commission is an appealable order and so there is no scope of filing any review application.  Moreover, this District Commission has passed the judgment in question on 3.3.2023 but this review application has been filed on 26.4.2023 which is after some delay but fact remains that the delay involved in the matter of filing review application has not been explained and so it is crystal clear that this review application is also barred by limitation.

All the above noted factors are clearly reflecting that there is no scope to allow the review application filed in this case.

In the result, it is accordingly,

                                                                        Ordered

That this review application be and the same is dismissed.

No order is passed as to cost.

 

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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