West Bengal

Hooghly

RA/5/2023

The Branch Manager Indusind bank Limited - Complainant(s)

Versus

Sri Jite3ndra Sharma - Opp.Party(s)

SUDIP BISWAS

22 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Review Application No. RA/5/2023
( Date of Filing : 24 Mar 2023 )
In
Complaint Case No. CC/199/2016
 
1. The Branch Manager Indusind bank Limited
57B Jessore Road, Near Vishal Garments, Kolkata 700124
KOLKATA
West Bengal
...........Appellant(s)
Versus
1. Sri Jite3ndra Sharma
G.T Road, Near katwa Gate, Sahaganj, Chinsurah, 712104
Hooghly
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 22 Jul 2024
Final Order / Judgement

This case record is taken up for consideration in the matter of passing order of this R/A case which has been filed by OP bank authority of CC case no.199/2016 against the judgment and final order passed in the above noted complaint case on 9th February 2023.

This matter has been contested by Op who is the complainant of above noted CC case by filing written objection.

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

Perused the review application and the written objection filed against the said review application.

On close examination of the material of this case record it is revealed that the  OP of the above noted complaint case as petitioner of the review case has filed the review application for setting aside the decision and to stay the operation of the impugned judgment and final order.

For the purpose of arriving at just and proper decision in this review application case there is urgent necessity of making scrutiny of the material of this case record.

After going through the material of this case record it is reflected that the CC case no.199/2016 has been filed under section 12 of the Consumer Protection Act 1986 but the petitioner side has prayed review under section 40 of the Consumer Protection Act 2019.  In this regard it is very important to note that in the Consumer protection Act 1986 there was no provision of making review.  On this background it is also pertinent to mention that there is no scope of applying the provisions of section 40 of the Consumer protection act 2019 for making review of the above noted judgment and final order.

Moreover, the judgment and final order of CC-199/2016 has been passed on 9th February 2023 but the review application has been filed on 24th March 2023 which is more than one month delay.  But there is no application on the part of the petitioner side for condonation of delay in the matter of filing this review application after one month.  So this review application is barred by limitation.

For argument sake if the provision of section 40 of Consumer Protection Act 2019 is taken up for consideration, it is also to be noted that there is no error apparent on the fact of the judgment and final order.

It is also important to note that against the said judgment and final order of CC-199/2016 on the appeal can be applicable as because it is an appealable order / judgment.

Considering all the above noted factors this District Commission is of the view that the R/A-5/2023 is not maintainable in its present form and in the eye of law.

The R/A -5/2023 be and the same is dismissed on contest.

No order is passed as to cost.

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

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