Misc. Case No. 43/2023

Executive Engineer

V/s

Radhika Agrawal 

Review Petition against the order dated 09.10.2023. 

Date :  16   .05.2024

Order

1. OP has preferred this review petition against the judgment/order dated 9.10.2023 passed by this commission in complaint case no.186/2021 Radhika Agrawal v/s Executive Engineer whereby the ops were directed to repay jointly and severally the supervision charges Rs.74677 with interest and also to pay litigation expenses Rs. 10000.    
2. Petitioner/ OP has stated that the evidence annexed with the WS has been overlook in passing the judgment and the deposit of supervision charges/ line charges becomes zero after expiry of 60 days and it was made clear by letter dated 1.4.2019 issued by MD, Agra that if the work is not done, then 50% supervision charges shall not be refunded and this fact has been ignore and the case have been decided on the false allegations without support of any evidence.
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.