State Consumer Disputes Redressal Commission
Dell International Services India Pvt. ... vs Sadasiba Mahapatra, on 15 September, 2023
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK Review Application No. RA/114/2023 ( Date of Filing : 17 Aug 2023 ) In First Appeal No. A/160/2020 1. DELL International Services India Pvt. Ltd. (Through its duly authorized representative), Divyashree Greens, Challaghatta Village, Varthur Hubli, Bangalore, Karnatak ...........Appellant(s) Versus 1. Sadasiba Mahapatra, S/o: Bishnu Prasad Mahapatra, Dabugaon, Nabarangpur, Odisha 2. Prop. Sai Gateway Pvt. Ltd. Plot No.B-6, 1st Floor, Saheed Nagar, Bhubaneswar, Khurda, Odisha ...........Respondent(s) BEFORE: HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER HON'BLE MR. Pramode Kumar Prusty. MEMBER HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER PRESENT: Mr. J. Joshi, Advocate for the Appellant 1 Dated : 15 Sep 2023 Final Order / Judgement
Review Application No.114/2023 The review application has been filed by petitioner under Section 50 of the Consumer Protection Act, 2019 with a prayer for Restoration of the F.A. No.160/2020 which was dismissed for non-prosecution on 16.02.2023.
Section 50 of Consumer Protection Act 2019 read as follows:-
"The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order."
The above section 50 does not provide any power & authority to State Commission to Restore the appeal which was dismissed by the Commission giving sufficient opportunity to the appellant to appear on the date fixed.
Heard the learned Counsel for the Review petitioner.
It appears from the order sheet of F.A. No. 160 of 2020 that on 07.09.2021, 10.01.2022, 07.06.2022, 16.12.2022 and on 16.02.2023 neither appellant nor its counsel was present. Hence the appeal was dismissed for non-prosecution on 16-02-2023.
We find there is no error apparent on the face of the record. Hence the Review Application is dismissed. [HON'BLE MR. Dilip Kumar Mohapatra.] PRESIDING MEMBER [HON'BLE MR. Pramode Kumar Prusty.] MEMBER [HON'BLE MS. Sudhiralaxmi Pattnaik] MEMBER