Delhi

North East

CC/114/2021

Pankaj Aggarwal - Complainant(s)

Versus

Tata Power Delhi Distribution Ltd. - Opp.Party(s)

10 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 114/2021

CORAM

Mr. Surinder Kumar Sharma, President

Mr. Anil Kumar Bamba, Member

 

In the matter of:

 

		Shri Pankaj Aggarwal C-41/Z-2, Dilshad Garden Delhi-110095		Complainant
		Versus
		TATA Power Delhi Distribution Limited, Cencare Building, Opposite C-2 Block Lawrence road, Keshav Puram Delhi-110035		Opposite Party
			DATE OF INSTITUTION:                 ORDER RESERVED ON:                     DATE OF ORDER      :		04.10.2021 01.02.2022 10.02.2022

 

ORDER

Surinder Kumar Sharma, President

1. This Order shall decide an application filed by the complainant u/s 40 of Consumer Protection Act 2019 for review of Order dated 24.09.2021.

The facts necessary for disposal of this application are as under:

2. The Complainant had filed a complaint u/s 35 of Consumer Protection Act 2019. The said complaint came up for hearing on admissibility on 24.09.2021. On that day the Complainant submitted before the commission he wanted to withdraw the complaint due to territory jurisdiction. Statement of the Complainant was recorded to this effect. In view of the statement of the Complainant, the complaint was disposed off as withdrawn with liberty to file the same in appropriate Commission.
3. Thereafter, the Complainant moved an application U/s 40 of the Consumer Protection Act 2019 for review of Order dated 24.09.2021.
4. We have already heard the Complainant and have perused the record.
5. It was submitted by the Complainant that the Complainant resides and works for gain within the territorial jurisdiction of this Commission and therefore this Commission has territorial jurisdiction to try this complaint. It is also submitted that the Complainant is owner of the property bearing no. B-10/111, Sector-3 Rohini, Delhi and the Complainant is registered consumer of electricity in this property and therefore he has right to file complaint in this Commission in terms of Section 34 of Consumer Protection Act 2019. It was submitted by the Complainant that order dated 24.09.2021 be reviewed.
6. Section 40 of the Consumer Protection Act 2019 gives power to this Commission to review its order. Section 40 of the Consumer Protection Act 2019 reads as under:

“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”.

 

7. The perusal of Section 40 of Consumer Protection Act 2019 shows that the District Commission has the power to review its order only if there is an error apparent on the face of the record. Now the question is that whether there is an error on the face of record in the Order dated 24.09.2021. The perusal of Order dated 24.09.2021 shows that the Complainant himself opted to withdraw his complaint. The Complainant also made a statement in this regard. The said statement of the Complainant is as under:

‘’I want to withdraw the case on the point of territorial jurisdiction with the permission to file the same in the appropriate Commission”.

                                                                               

 

(Pankaj Aggarwal)

 

8. Thus from the record it is clear that Complainant himself has chosen to withdraw the Complainant and on the statement of the Complainant the complaint was disposed off as withdrawn. Therefore, there is no error apparent on the face of record. Accordingly, we are of the opinion that the application is without any merit as the same is dismissed accordingly.
9. Let a copy of this order be sent to complainant free of cost as per Regulation 21 (1) of the Consumer Protection Regulations, 2005.
10.   File be consigned to record room.

Announced on 10.02.2022

(Anil Kumar Bamba)              Member

(Surinder Kumar Sharma) President