HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is to consider an application under section 50 of the Consumer Protection Act, 2019 filed by Dr. S. Biswas, Appellant.

2. Heard the Learned Advocate appearing for the review applicant.

3. Perused the record. Considered.

4. Learned Advocate appearing for the review applicant urged that the Appellant has filed the instant appeal against the order dated 26.12.2017 passed by the Learned District Consumer Disputes Redressal Forum (now ‘the Commission’), Nadia in connection with Case No. CC/2017/62.

5. He has further urged that the Appellant had a very good case but due to the inability of the Advocate to appear before this Commission, the matter was dismissed for default.

6. He has further urged that the Appellant will suffer irreparable loss and injury in case the appeal is not heard and dispose of in merits.  As such, Learned Advocate for the review Applicant has prayed to allow the instant application under section 50 of the Consumer Protection Act, 2019.

7. Having heard the Learned Advocate and on perusal of the record it appears to us that the Appellant was absent on three consecutive days. By order No. 8 dated 29.07.2022 the Appellant was directed to file show cause as to why the instant appeal shall not be dismissed for default. But none appeared on behalf of the Appellant and no show cause was filed by the Appellant on this day i.e. on 23.08.2022. In such a situation this Commission has been pleased to dismiss the appeal for default. It is apparent on the face of the record that there is no error in passing the order No. 10 dated 23.08.2022. In view of section 50 of the Consumer Protection Act, 2019 this Commission has jurisdiction to review any order passed by it, if there is an error apparent on the face of the record either of its own motion or an application made by any of the parties within 30 days of such order. As we find that there is no error in passing the order No. 10 dated 23.08.2022 by this Commission.

8. Moreover, it appears to us that this review application has been filed with a delay of 141 days. The office has also reported that this review application has been filed with a delay of 141 days.

9. On careful perusal of the application for condonation of delay it appears to us that the cause of delay has not been explained properly. So, the application for condonation of delay cannot be allowed and delay in filing the review application shall not be condoned.

10. Under these facts and circumstances we are of the view that the review application under section 50 of the Consumer Protection Act, 2019 is not maintainable in law and is liable to be rejected with cost of Rs.5,000/- (Rupees five thousand only) to be paid by the review Applicant in favour of the SCWF. The review applicant is directed to deposit such cost of Rs.5,000/- (Rupees five thousand only) within 15 days from the date of passing of this order. Therefore, the application under section 50 of the Consumer Protection Act, 2019 filed by the Opposite Party No. 2, Dr. S. Biswas, Appellant is dismissed.

11. The review application is thus disposed of accordingly.