Chandigarh

StateCommission

RA/13/2022

Secretary, Chandigarh Housing Board - Complainant(s)

Versus

Sudama Mulchandani - Opp.Party(s)

In Person

04 Jul 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

 

Review Application No. In A/5/2021

:

13 of 2022

 

 

 

Secretary, Chandigarh Housing Board & Anr.

Vs.

Sudama Mulchandani

 

 

BEFORE:   JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

              MR. RAJESH K. ARYA, MEMBER

 

ARGUED BY :-   

 

Sh. Sudama Mulchandani, applicant (respondent/complainant) in person.

 

PER  RAJESH K. ARYA, MEMBER

          Vide this review application, the applicant/ respondent/complainant, namely, Sh. Sudama Mulchandani is seeking review of order dated 30.05.2022, vide which, his consumer complaint bearing No.864 of 2019, decided on 04.02.2021 by District Commission-I, U.T., Chandigarh, was ordered to be dismissed as withdrawn, on a statement suffered by his Free Legal Aid Counsel Sh. Varun Veer Chauhan, in view of order passed by Hon’ble Supreme Court of India in Civil Appeal No.4964 of 2021 (arising out of SLP (Civil) No.5051 of 2018) titled Estate Officer & Anr. Vs. Charanjit Kaur. However, liberty, as prayed for, to approach the Court of competent jurisdiction, was granted by this Commission. The order dated 30.05.2022, under review, reads thus:-

“Today, Sh. Varun Veer Chauhan, Free Legal Aid Counsel for the Respondent, suffered a statement, recorded separately, which reads as thus:-

“It is stated that on instructions of the Respondent namely, Sh.Sudama Mulchandani, the Respondent Complainant be granted liberty to approach the court of competent jurisdiction for Redressal of his grievance in view of the order passed by the Hon’ble Supreme Court of India in Civil Appeal No. 4964 of 2021 (arising out of SLP (Civil) No. 5051 of 2018) titled as “Estate Officer & Another Vs. Charanjit Kaur”.  The consumer complaint i.e. CC/864/2019 decided on 4.2.2021 passed by the District Commission-I, U.T. Chandigarh, be treated as dismissed as withdrawn. Liberty, as prayed for, be also granted.”

 

                   In view of the aforesaid statement, consumer complaint i.e. CC/864/2019 decided on 4.2.2021 passed by the District Commission-I, U.T. Chandigarh, stands dismissed as withdrawn. Liberty as prayed for, is granted. Consequently, instant appeal stands disposed of having become infructuous.

                   Certified copy of this order be sent to the parties free of charge.

                   Copy of this order be sent to the parties/counsel through e-mail/WhatsApp.”

 2.      In our considered view, this review application is not maintainable in view of the fact that the consumer complaint was firstly withdrawn by the Counsel on specific and clear instructions of the applicant (respondent/complainant) and secondly, the prayer of the applicant, to our mind, is misconstrued and misapplied inasmuch as Section 50 of Consumer Protection Act, 2019 empowers this Commission to review/recall its order only when there is an error apparent on the face of the record. There is no apparent error on record.

3.                For the reasons recorded above, this review application stands dismissed with no order as to costs.     

4.                Certified copies of this order be sent to the parties, free of charge.

5.                Copy of order be also sent to the parties/Counsel through email/whatsapp. 

6.                Files be consigned to Record Room, after completion.

Pronounced

04.07.2022.

 [RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

(RAJESH K. ARYA)

MEMBER

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