RA/86/2023
25-09-2023
ORDERS ON ADMISSION
MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER
The Petitioner/appellant in Appeal No.1566/2012 preferred this Review Application being aggrieved by the order dated 24.7.2023 passed in the above appeal and for various reasons and prays to review the order dated 24.7.2023 and restore the said appeal in the interest of justice and equity.
2. Heard from the Revision Petitioner.
3. The Revision Petitioner submits that, this Commission dismissed the appeal on the ground that, an account of bonafide mistake on the part of the petitioner, having lost of the track of the hearing dates of the appeal, he could not represent and submit the arguments on the hearing dates. The absence of the counsel of petitioner is bonafide, unintentional and beyond his control. Further submits that, the petitioner has got very good case on merits and the Commission has noted the absence of petitioner and counsel and passed the dismissal order. Therefore, prays to set aside the order passed by this Commission and opportunity is given to the petitioner to address the arguments, in the interest of justice and equity.
4. On going through the Review Application filed under Section 50 of the Consumer Protection Act, 2019 and order passed by us, it is appropriate to quote the provisions of Section 50 of Consumer Protection Act, 2019 hereunder;
“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”.
5. We noticed here that, the order passed by this Commission has no error either in law or any error apparent on the face of record as contemplated under Section 50 of the Consumer Protection Act, 2019.
6. Ongoing through the review petition, certified copy of the order passed by this Commission. This appellant has preferred appeal being aggrieved by the order dated 10.7.2012 passed in CC.No.3/2012 before this Commission and we have passed the order on 24.7.2023. Inspite of sufficient opportunities provided to appellant and respondent, they have continuously absent and not argued the matter. Hence, we have taken the matters for orders and this commission had arrived to the conclusion after perusal of the entire pleadings and documents produced by the appellant. This commission has dismissed the appeal after consideration of the documents and pleadings. We found there is no any error in the order passed by this commission.
7. As per the provisions of Section 50 of Consumer Protection Act 2019, if there is any error on law or error on the face of record, then only Review application can be filed, otherwise, if the appellant not satisfied with the order, he is at liberty to approach the Hon'ble National Consumer Disputes Redressal Commission at New Delhi as per the provisions of Consumer Protection Act by filing an appeal. Hence, we do not find any merits in the Review Application. Accordingly, we proceed to pass the following:-
O R D E R
The Review Application is dismissed with no order as to costs.
Notify the order to the parties and place this order/records along with concerned appeal records.
MEMBER JUDICIAL MEMBER
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