HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is to consider an application under section 50 of the Consumer Protection Act, 2019 filed by the appellant / reviewer.

2. Heard Learned Advocate appearing for the parties. Perused the record.  Considered.

3. Learned Advocate appearing for the review applicant urged that due to ill health of the conducting Advocate on 31.08.2023 he could not appear before this Commission and on that day application under section 5 of the Limitation Act filed by the appellant was fixed for hearing. On this day, the matter was deferred with the direction to the complainant to file show cause on 14.09.2023.

4. He has further urged that on that day i.e. on 14.09.2023 Learned Advocate appearing for the appellant could not appear as the Learned Advocate was under impression that there would be longer time for further hearing and / or show cause.

5. He has further urged that order No. 4 dated 31.08.2023 and order No. 5 dated 14.09.2023 appear prima facie to be defective for which the appellant has filed an application for review of the said two orders.

6. He has further urged that review application under section 50 of the Consumer Protection Act, 2019 should be allowed.

7. Having heard the Learned Advocate appearing for the parties and on perusal of the record it appears to us that the appellant was absent without any steps on 31.08.2023. By order dated 31.08.2023 the appellant was directed to file show cause as to why the instant appeal shall not be dismissed for default but on 14.09.2023 none appeared on behalf of the appellant and no show cause was filed by the appellant on this day i.e. on 14.09.2023. In such a situation, this Commission has been pleased to dismiss the appeal for default. It is apparent on the face of the record that there is no error in passing the order No. 5 dated 14.09.2023. 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 by its own motion or an application made by any of the parties within 30 days of such order.

8. We find that there is no error in passing the order No. 5 dated 14.09.2023.

9. Under these facts and circumstances, we are of the view that the review application under section 50 of the Consumer Protection Act, 2019 is not maintainable in law and is liable to be rejected.

10. This review application under section 50 of the Consumer Protection Act, 2019 filed by the appellant is, therefore, rejected.

11. This review application is thus disposed of accordingly.