Per M.P.KASAR   MEMBER

1. This application for review filed by original opposite parties No.1to 3 in CC/20/47 below section 40 of CP Act 2019 against the order dated 10/12/2021 passed by this commission.  It is stated that, Notice of the CC/20/47 was served upon opposite party 1 to 3 (present applicant) respectively on 06/09/2021, 07/09/2021, 15/09/2021.  It is stated further that, due to lock down extended time to time  and though the lock down was lifted but various restrictions were imposed .It is stated further that, Hon’ble SC taking suo moto  cognizance of the arising out of covid-19 pandemic extend period of limitation w.e.f 15.03.2020 till further order. It is stated that, Hon’ble SC further issued directions that the limitation for any proceedings for the period from 15.03.2020 to 14.03.2021 shall stand excluded.  It is stated that Hon’ble SC restored the order dated 23.03.2020 and it was held that, the period of limitation as prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings whether condonable or not shall stand extended till further orders vide dated 27/04/2021.  According to the applicants though the notice was served in September 2021  in view of the order of the Hon’ble SC the limitation to file the WS in the said consumer complaint did not begin or ought to be excluded. It is stated that, Advocate for respondent No.1 to 3 appeared before this commission on 27/10/2021 and filed application for seeking time to file WS in CC/20/47 AND THE MATTER WAS ADJOURNED TO 10 /12/2021.  It is further stated that, in view of order dated 23/09/2021  by the Hon’ble SC  these applicant original opposite parties 1 to 3 fall under the ambit of the said order dated 23/09/2021 and so these applicant had moved the above matter on 21/12/2021 before forum  as these applicant wanted to file their written statement in said consumer complaint. It is stated that, applicants i.e. original opposite parties No.1 to 3  were also ready with the application for setting aside  NO WS order dated 10/12/2021 however same was not permitted by this commission. Hence being aggrieved by order dated 10/12/2021  passed in original consumer complaint No.CC/20/47 prefer the present application stating in that, there is error committed apparent on face of record while passing the impugned order and without considering the order passed by the Hon’ble Apex Court in view of the COVID -19 Pandamic.This commission failed to take into consideration directions passed in order dated 23/03/2020, 08/03/2021, 27/04/2021, 23/09/2021 passed in MA No.665 of 2021 in SMP(c) No.3 of 2020 which was passed providing the period of limitation to be excluded while considering an application is within time or not.  It is stated that this commission failed to appreciate that the written statement was notarized on 21.12.2021 and was ready to be filed before this commission on 21/12/2021 and the limitation period for filing the WS was to expire only on 31/12/2021 thus the WS was within time and there was no requirement for filing delay condonation application and also it ought to have appreciated that WS was filed by the opposite party 1 to 3 as per orders of Apex Court.  So impugned order is bad in law and is liable to be set aside in view of the orders passed by the Hon’ble SC.  So order dated 10/12/2021 passed by this commission in CC/20/47 be set aside and the written statement of the opposite party No.1 to 3 be taken on record by condoning the delay if any.
2. Opposite party i.e. original complainant appeared and filed say  stating in that, review petition should be made within 30 days of such order and present application is not made within stipulated period the review petition is made on 10/01/2022 so there is delay in filing present application. It is stated that, the district forum cannot extend limitation period of 45 days for filing WS and in view of Apex courts directions. So application  be rejected
3. Heard Applicants i.e. original opposite parties No.1 to 3 & opposite party i.e. original complainant through their Advocate on 19/05/2022.  Perused Review application and say filed by other party. Perused documents submitted by the Applicant and case laws. To determine Application below section 40 of CP Act 2019  on merit we frame issues as follows :-
4. ISSUES

           Findings:-

4. As to issue No.1   :-The new Consumer Protection Act  2019 was published in the Gazette of India  on August 9,2019 By S.O.2351(E) dated July 15, 2020,the material provisions of the Act were notified to come into force on July 20,2020.  From the perusal of record of CC NO.20/47 it has been observed that, said complaint had been instituted in this forum on 25/02/2020 & our predecessor bench was pleased to issue notices to opposite parties before admission of said complaint vide their order dated 05/03/2020.  Afterwards Consumer Complaint No.20/47 has been admitted against opposite parties No.1, 2, 3, 6, 7 only as opposite parties No.4&5 were deleted by this commission vide their order dated 12/08/2021. Obviously said complaint had been filed in this forum below Consumer Protection Act 1986.Although the said complaint was admitted against opposite parties after the new consumer protection Act 2019 came into force nevertheless said consumer complaint was filed under the previous Consumer Protection Act 1986 i.e. on 25/02/2020.  So the question aroused that, Provisions of New CP Act 2019 can apply to Complaints filed already under provisions of previous CP Act 1986 before forum. We perused Judgement passed by Hon’ble Supreme Court in the matter of Neena Aneja vs Prakash Associates Ltd on 16/03/2021 in civil appeal Nos 3766-3767 of 2020 it has been held by Hon’ble Apex Court that, ‘All proceedings instituted before 20 July 2020 under the Act of 1986 shall continue to be heard by the fora corresponding to those designated under the Act of 1986 as explained above and not be transferred in terms of the new pecuniary limits established under the Act of 2019 .’
5. As to issues No. 2, 3, 4 :- In view of findings derived from the issue No.1 as aforesaid issue no.2 i.e. limitation for filing  review application and  impugned order can be reviewed these issues does not survive .So we pass order in view of issue No.4 as follows :-
6698606. ORDER

1. Review Application No.RA/22/1 is hereby rejected as section 40 of CP Act 19 is not entertainable for the review of the orders passed in consumer complaint CC/20/47 because CC/20/47 already has been instituted under provisions of Consumer Protection Act 1986 hence No Written statement order passed against applicants No.1 to 3 (i.e. opposite parties 1 to 3 in CC/20/47) vide dated 10/12/2021 cannot be reviewed.
2. No order as to cost
3. Order copy shall be provided free of cost to the parties in complaint.