Uttar Pradesh

StateCommission

RA/39/2023

RENAULT INDIA PRIVATE LIMITED - Complainant(s)

Versus

SHYAM SHANKAR GUPTA - Opp.Party(s)

ANGREZ N. SHUKLA,SUKRIT KAPOOR AND GARIMA SINGH

11 Jul 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
Review Application No. RA/39/2023
( Date of Filing : 25 Jun 2023 )
In
First Appeal No. A/807/2023
 
1. RENAULT INDIA PRIVATE LIMITED
9TH FLOOR, WILLOW SQUARE, PLOT NO. 8,9 & 10, 1ST STREET, THIRU VI KA, INDUSTRIAL ESTATE, GUINDY, CHENNAI -600032.
CHENNAI
TAMIL NADU
...........Appellant(s)
Versus
1. SHYAM SHANKAR GUPTA
S/O SRI SHANKAR GUPTA C/O WISE CARE PVT. LTD. R/O H.NO. 217, VISHNULOK COLONY, PURANI CHUNGI, KANPUR ROAD, SAROJINI NAGAR, LUCKNOW.
LUCKNOW
UTTAR PRADESH
2. M/S MG CHARIOTS PRIVATE LIMITED THROUGH ITS DIRECTOR
187, ADIL NAGAR, SHANKAR PURWA, RING ROAD, KALYANPUR, LUCKNOW
LUCKNOW
UTTAR PRADESH
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ASHOK KUMAR PRESIDENT
 
PRESENT:
 
Dated : 11 Jul 2023
Final Order / Judgement

ORAL

RA/39/2023 

Renault India Private Limited V/s Shyam Shankar Gupta and another

                        11-07-2023      

            Present review petition has been moved under Section 50 of the Consumer Protection Act 2019 against the interim order dated 29-05-2023 passed by this Court in Appeal No.807/2023 M/s Renault India Private Limited V/s Shyam Shankar Gupta and another whereby this Court has directed the appellant to deposit Rs.8,00,000/- with the District Consumer Commission-I, Lucknow within six weeks from the date of order and also directed that any amount deposited by the appellant will be adjusted from the amount to be deposited.

            Sri Angrez Nath Shukla, learned Counsel for the applicant appeared.

            We have heard learned Counsel for the applicant and perused the record.

            Section 50 of the Consumer Protection Act 2019 provides that 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.

            We have perused the impugned order passed by this Court in Appeal No. 807/2023 very carefully.

            Having heard the learned Counsel for the applicant and after perusal of the impugned order passed by this Court in Appeal No. 807/2023 we find that there is no error apparent on the face of the record. Therefore, review petition under Section 50 of the Consumer Protection Act 2019 is not maintainable.

Further it is relevant to mention that in view of proposition laid down by Hon’ble Apex Court in the case of Rajeev Hitendra Pathak and others V/s Achyut Kashi Nath Karekar and another reported in IV(2011) CPJ 35(SC) this State Commission has no power to recall or review its order passed earlier.

In view of above application moved by petitioner is not maintainable and is rejected accordingly.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

 

         ( Justice Ashok Kumar )                      ( Rajendra Singh ) 

                                 President                                          Member                      

Pnt.                                                                                    

 

                                                                                   

 
 
[HON'BLE MR. JUSTICE ASHOK KUMAR]
PRESIDENT
 

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