Present:        Mr. Vipin Ahuja  counsel along with  applicant.

Ld. Counsel for applicant submits that this Commission has power under section 40 of review order whereby the complaint was dismissed in default for non appearance of complainant under section 40.

Let us peruse the section 40.

The Consumer Protection Act, 2019 laid down the procedure before the District Commission from section 34 to 39. As per section 38 (a) empower the Commission to involve certain provisions of CPC which are reproduced here under.

The above laid down procedure does not waste the power of order 9 CPS of the Commission. Inherently complainant is invoking the provisions under order 9 rule 9 CPC in the garb of section 40 of CP Act, 2019.

We are of considered opinion that the Commission powers are no wasted by the legislature to restore any complaint dismissed for non appearance.

On the basis of above provisions and discussion the present application dismissed.

File be consigned to record room.

(SANJAY KUMAR)                                                 (NIPUR CHANDNA)           

PRESIDENT                                                                       MEMBER