Heard Counsel for the Parties. The above appeals have been filed against the order of State Consumer Disputes Redressal Commission dated 31.05.2023, where by review applications filed by the Opposite Party has been allowed and rate of interest has been reduced to 6% from 12%. The Office has submitted a report that there is delay of 62 days in filing the appeals. The Appellants have filed IA/15343/2023, IA/15382/2023 & IA/16304/2023 for condoning the delay in filing the appeals. In the IAs, it has been stated that the impugned order dated 31.05.2023 was passed without even issuing notice to the Appellants and was ex-parte, only on coming to know about it, they applied for issue of certified copy of the order on 25.07.2023 and after receiving the order they approached the Counsel in New Delhi for filing the appeals and the appeals were drafted and filed thereafter. Cause shown is sufficient. IA/15343/2023, IA/15382/2023 & IA/16304/2023 are allowed. Delay in filing the appeals is condoned. Appeal There is short issue arises for consideration in these appeals that in spite of the fact that provisions of Consumer Protection Act, 1986 will apply to the proceeding, inasmuch as, CC/398/2018, CC/377/2018 & CC/376/2018 were filed, prior to enforcement of Consumer Protection Act, 2019, but, the State Commission has exercised its power of review, although, under the 1986 Act, there is no provision for review, the argument raised by the Counsel for the Appellants is legally correct. Since there is no provision for review under the Consumer Protection Act, 1986, the order dated 31.05.2023, allowing review is without jurisdiction and null and void. Order The appeals are allowed. The orders dated 31.05.2023 passed in CC/398/2018, CC/377/2018 & CC/376/2018 are set aside. |
