Chandigarh

DF-II

MA/5/2021

Abhishek Malhotra - Complainant(s)

Versus

Hindustan Institute of Maritime Training (HIMT) - Opp.Party(s)

Adv. Pardhuman Garg

01 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

MA No.	:	5/2021
In Consumer Complaint No.		608/2020
Date of Institution	:	28.01.2021
Date of Decision	:	01.03.2021

 

                                       

                       

 

Abhishek Malhotra

                                ...  Complainant.

Versus

Hindustan Institute of Maritime Training (HIMT) and Others.

…. Opposite Parties

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Abhishek Dhiman, Advocate for Sh.Pardhuman Garg, Advocate for the applicant.

      

 

PER RAJAN DEWAN, PRESIDENT

1.         This order will dispose of the application filed under Section 40 of the Consumer Protection Act, 2019 by the applicant-complainant wherein he has sought recalling of the final order dated 18.01.2021 passed in the main complaint.  It has further been stated that the complaint was dismissed as withdrawn being amicable settled vis-à-vis the parties inter se vide order dated 18.01.2021.  It has further been stated that the seclusion of the amount mentioned in the final order be maintained, if this Commission deems fit. It has further been stated that the final order may kindly be reviewed by placing on record the MOU only in the reviewed order.
2.         We have heard the Counsel for the applicant-complainant and have gone through the contents of the application as well as the final order dated 18.01.2021 and the record of case file.
3.         The final order dated 18.01.2021 passed by this Commission on the Statement of the Counsel for the complainant reads as under:-

        “The counsel for the complainant has stated that the parties have amicably settled the matter. In this regard, he has placed on record Memorandum of Understanding along with copy of demand draft of Rs.6,50,000/-.

        In view of the aforesaid statement, this complaint is dismissed as withdrawn being settled. Both the parties shall remain bound by the agreement arrived between them.

        Certified copy be sent to the parties, free of charge. After compliance file be consigned”.

4.             As per Section 40 of the Consumer Protection Act, 2019, the District Commission has 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.             In the application under consideration, the complainant has failed to convince us as to what was the apparent error in the order dated 18.01.2021 passed by this Commission.  Rather the matter was amicable settled between the parties and as such the complaint was dismissed as withdrawn being settled. In the order aforesaid, it has been specifically recorded that the parties shall remain bound by the agreement arrived at between them. In this view of the matter, there is no ground to review the order passed by this Commission.

6.             For the reasons recorded above, we do find any merit in this application and accordingly, the same is dismissed.

7.             Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 01/03/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER