Delhi

East Delhi

MA/77/2023

VIJENDER KR - Complainant(s)

Versus

U.I.I.C - Opp.Party(s)

SAURABH GUPTA, ADV.

04 Jul 2023

ORDER

MA/77/2023 in

Case No.  :       CC/552/2015

Date        :       04.07.2023

Present:-  Shri Sourabh Gupta, Advocate for Complainant.

OP has been served with the notice seeking review but none is present for OP.

Put up at 2.30 p.m.

On leave (Ravi Kumar) Member

On leave (Rashmi Bansal) Member

On leave (S.S. Malhotra) President

 

 

 

At 2.30 p.m.

Present:     Shri Sourabh Gupta, Advocate for complainant

                 None for OP despite service.

        The complainant has filed an application under section 40 of the CPA 2019, for review/modification of the judgment dated 18.04.2023 inter-alia on the ground that the Commission has passed the order on 18.04.2023 by stating in para 15 that OP would pay Rs.100000/- to the complainant with interest @9% per annum to be paid from the date of filing the complainant i.e. 19.07.2017 but in-fact the date of filing the present complaint is/was 29.07.2015 and not 19.07.2017 and it is stated that the order to this extent by reviewed. The Commission has perused the application. Notice of this application was given to OP who is not present despite service. The judgment passed by this Commission is also perused. The contention of the counsel for complainant is well found that the date of filing complaint is 29.07.2015 and not 19.07.2017 as has been written in para 15 of the final judgment. Accordingly, the application seeking review is allowed as the date 19.07.2017 as mentioned in para 15 of the judgment dated 18.04.2023 of the Commission, is a mistake apparent on the face of record and falls within the definition of review as mentioned in section 40 Consumer Protection Act 2019 and now this date of filing the claim is rectified and would be read as 29.07.2015 instead of 19.07.2017.

        Copy of this order be also sent to OP and copy be given counsel for complainant Dasti. Application is disposed off. The necessary endorsement on the original judgment is made with today date.  

File be consigned to Record Room.