State Consumer Disputes Redressal Commission
Anmolpreet Singh Guron vs Bptp Ltd. And Others on 19 July, 2022
Cause Title/Judgement-Entry Punjab State Consumer Dispute Redressal Commission Dakshan Marg, Sector 37-A , Chandigarh Review Application No. RA/2/2022 ( Date of Filing : 04 Feb 2022 ) In Complaint Case No. CC/14/2021 1. Anmolpreet Singh Guron R/o Village Jhakroudi, Tehsil Samrala Ludhiana Punjab ...........Appellant(s) Versus 1. BPTP Ltd. and Others M-11, Middle Circle Connaught Circus New Delhi ...........Respondent(s) BEFORE: HON'BLE MR. HARINDERPAL SINGH MAHAL PRESIDING MEMBER HON'BLE MRS. KIRAN SIBAL MEMBER PRESENT: Dated : 19 Jul 2022 Final Order / Judgement Present: For the complainant : Sh. Himanshu Raj, Adv. with Ms. Sapna Randhawa, Adv. For OPs No.1 to 5 : Sh. Hemant Saini, Advocate (Ex-parte) For OP No.6 : Ms. Neetu Singh, Advocate M.A. No.120 of 2022 (Delay) 1.
This application has been filed by the applicants/respondents under Section 5 of the Limitation Act to condone the delay of 139 days in filing the Review Application u/S 50 of the Consumer Protection Act, 2019 on the ground that they took some time for clarifying some facts to their counsel as sought by him before filing the review application. Therefore, the delay of 139 days occurred in filing the review application. The applicants prayed to condone the delay of 139 days and to allow the application.
2. Reply to the application was filed by the complainant wherein it is submitted that the State Commission does not have the power to set aside the ex parte order and the application for joining the proceedings was filed at a belated stage and this application has been filed just to delay the proceedings as no extraordinary cause of delay has been explained.
3. We have heard the arguments of learned counsel for the parties at length.
4. Admittedly, there is delay of 139 days in filing the review application. Although, the application for joining the proceedings and for filing the written statement was filed earlier on 10.12.2021, which has also been disposed of, vide separate order, so this application has no status when the main application, where the prayer for joining the proceedings, has already been dismissed, as such, this application has also been dismissed.
Main Appeal
9. Since, the application for condoning the delay of 139 days has been dismissed and in view of the discussions held in the order dated 19.07.2022 while deciding the M.A. No.1460 of 2021, the Review Application No.02 of 2022 has also been dismissed as the Commission has no power to review its own order.
Main Case Adjourned to 10.08.2022 for arguments. [HON'BLE MR. HARINDERPAL SINGH MAHAL] PRESIDING MEMBER [HON'BLE MRS. KIRAN SIBAL] MEMBER