Order No.02

The Ld. Advocate appearing for the applicant of the review application is present and the instant review application is taken up for hearing on admission point.

Heard. Perused. Considered.

According to Section 40 “ 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.”

Now facts remain that the present applicant of the review application/complainant earlier filed CC/124/2020 before this Commission (formerly ‘Forum’) and this Commission/Forum vide order dated 25.06.2020 passed an order clearly observing that the consumer complaint being no.124/2020 is hereby dismissed due to barred by territorial jurisdiction in view of C.P. Act, 1986 giving liberty to file the applicant of this review application/complainant to resolve his dispute before the appropriate Forum/Court/Commission, if not barred otherwise. But again the present applicant of this review application/complainant initiated the complaint case no.CC/206/2021 under C.P. Act, 2019.

Obviously it can be said that this is simply not an error apparent on the face of the record.

Ld. Advocate appearing for the applicant of this review application though tried to harping on the point that during subsisting of the period of limitation CC/206/2021 has been filed, but to the mind of this Commission when the former order dated 25.06.2020 relating to CC/124/2020 passed by this Commission (formerly ‘Forum’) dismissing the complaint giving liberty to the applicant of the present review application/complainant to resolve his dispute before the proper Forum/Court/Commission, if not barred otherwise. In such a situation present RA application filed by the applicant of the review application cannot be termed as a simple error apparent on the face of record, in a very calculated and planning way applicant of this present review application/complainant filed the CC/206/2021 after order dated 25.06.2020 showing dismissal of CC/120/2020.

So, this Commission finds no merit at all in the present review application and as such the present review application stands rejected.

Dictated and Corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT