Uttar Pradesh

Aligarh

MA/20/2024

SRI SHYAMNARYAN AGRAWAL - Complainant(s)

Versus

KRIPAL SINGH - Opp.Party(s)

21 May 2024

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Miscellaneous Application No. MA/20/2024
( Date of Filing : 04 May 2024 )
In
Complaint Case No. CC/60/2023
 
1. SRI SHYAMNARYAN AGRAWAL
TEHARA IGLAS ALIGARH
...........Appellant(s)
Versus
1. KRIPAL SINGH
TEHARA IGLAS ALIGARH
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER
 
PRESENT:
 
Dated : 21 May 2024
Final Order / Judgement

Misc. Case No.20 /2024

Shyam Naryan Agrawal 

V/s

Kripal Singh 

Review Petition against the Judgment/order dated 16.4.2024 passed in Complainant Case no.60/2023 Kripal Singh V/s Shyam Naryan Agrawal & Another 

Date :     .05.2024

Order

  1. Ops have preferred the review petition with allegations that Complaint that complainant has filed the case with malicious and fraud less facts. He has described himself as a consumer whereas he is trader. He never received any notice as alleged. 
  2. Op filed reply the Review Petition on the grounds that the petitioners have concealed the material fact and have not come with clean hand. Petition is not legally and factually maintainable and is liable to be dismissed.  
  3. Heard and perused the record.
  4. Section 40 of the Consumer Protection Act, 2019 provides the remedy of review of any order where there is an error apparent on the face of the record. The petitioner has assailed the judgment on merits and the grounds of review are beyond the purview of apparent error on the face of the record. Accordingly, the review petition is not legally sustainable and is liable to be dismissed.
  5. Review Petition is hereby dismissed.
  6. File be consigned to record room along with a copy of this judgment.
 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 
 
[HON'BLE MRS. PURNIMA SINGH RAJPOOT]
MEMBER
 

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