ORDER

03.12.2024

Sh. RAJESH, MEMBER.

1. Vide this order we will be deciding the application filed by complainant for review of impugned order dated 09.08.2024.
2. It is stated in the present application that absence of the applicant / complainant on the hearing dates was not intentional but due to some confusion of dates therefore inasmuch as the complaint of the complainant had been simply dismissed in default and not dismissed on merits and therefore the Commission had all the powers to recall its order of dismissal of the complaint in default and restore the same for its disposal on merits.
3. It is, therefore, applicant has prayed that this Commission review the order dated 09.08.2024 and restore the present complaint to its original number.
4. Despite sufficient opportunity Ld. Counsel for the applicant / complainant is not present to press the present application. We have perused the record available before us.
5. The present application has been filed u/s 40 of C.P. Act, 2019 which reads as under:-

Section 40: Review by District Commission in certain cases:-

“The District 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”.

The Consumer Protection Act, 2019 laid down the procedure before the District Commission from section 34 to 39. As per section 38 (9) (a to f) provides powers same as vested in a Civil Court under the code of civil procedure, 1908 while trying a suit in respect of the falling matters namely :-

1. The summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;
2. Requiring the discovery and production of any document or other material object as evidence;
3. Receiving of evidence on affidavits;
4. The requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
5. Issuing of commissions for the examination of any witness, or document; and
6. Any other matter which may be prescribed by the Central Government.

6. Upon reviewing the allegations set forth in the complainant’s application, it is evident that the applicant is seeking the restoration of the original complaint, which was dismissed in default of the complainant.
7. In accordance with Section 40 of the Consumer Protection Act, 2019, the power of review is restricted to the correction of errors that are apparent on the face of the record. Such power does not extend to allowing the review to function as an appellate body, nor does it grant the authority to revisit the final order and adopt a position contrary to that previously taken in the earlier decision.
8. Since the presence of an error apparent on the face of the record is a sine qua non for the maintainability of an application under Section 40 of the Consumer Protection Act, 2019, the present application is neither maintainable under the law nor supported by the facts of the case.
9. In light of the foregoing statutory provisions, observations, and discussions, we find that the applicant/complainant has failed to identify any error apparent on the face of the record in the present application. Consequently, as the application is not maintainable under Section 40 of the Consumer Protection Act, 2019, it is hereby dismissed with no order as to costs.
10. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission on 03.12.2024.

SANJAY KUMAR                NIPUR CHANDNA               RAJESH

PRESIDENT                        MEMBER                         MEMBER