West Bengal

Kolkata-II(Central)

RA/23/2022

Mohammad Ashraf Raza - Complainant(s)

Versus

Zaina and Sumaya Construction, Prop. Mr.Fayaz Zia - Opp.Party(s)

10 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Review Application No. RA/23/2022
( Date of Filing : 22 Sep 2022 )
In
Complaint Case No. CC/384/2021
 
1. Mohammad Ashraf Raza
154,B.B.Ganguly Street, Kolkata-700012 ad 31A, Gobra Road, Ground Floor,P.S Beniapukur,Kolkata-700014.
...........Appellant(s)
Versus
1. Zaina and Sumaya Construction, Prop. Mr.Fayaz Zia
35B,Bneiapukur Road, P.S. Beniapukur,Kolkata-700014 and 3, Beniapara Lane, P.S. Beniapukur,Kolkata-700014.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Sukla Sengupta PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Reyazuddin Khan MEMBER
 
PRESENT:
 
Dated : 10 Jan 2023
Final Order / Judgement

Order No.10                            Date-10.01.2023

 

Perused the petition. Heard and considered.

On a close scrutiny of review application filed by the Dhr u/s 40 of CP Act, 2019, it appears that the Dhr prayed for reconsidering the decreetal amount as decided by this commission  vide its judgment dated 28.12.2021.

            The basic concept of review application as provided by section 40 of the CP Act,  2019 is to review the judgment or order passed by the same commission or forum if there is/was any error apparent on the face of record but the decreetal amount has been considered and decided by this commission after applying its judicial mind and considering the entire facts and circumstances and all the aspects on record. So, it can not be said that it is an error apparent on the face of the record. Hence, this commission is of view that the review application is baseless and no remedy is there to the Dhe before this commission at this stage because this commission cannot go beyond the decree as it’s executing court.

Hence,

 

Ordered

 

That the review application No. 23/2022 is hereby rejected without cost.

 
 
[HON'BLE MRS. Sukla Sengupta]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Reyazuddin Khan]
MEMBER
 

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