State Consumer Disputes Redressal Commission
Saumya Ajila vs Dr. Sidharth Shankar on 6 September, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. Review Application No. RA/85/2023 ( Date of Filing : 07 Aug 2023 ) In First Appeal No. A/2288/2022 1. SAUMYA AJILA D/O DR. P. VIJAYA KUMAR AGED ABOUT 45 YEARS RESIDING AT NO. 11, 6TH MAIN RMS COLONY SANJAYNAGAR BENGALURU 560094 BENGALURU URBAN KARNATAKA ...........Appellant(s) Versus 1. DR. SIDHARTH SHANKAR SON OF LATE. COL. V. UDAYA SHANKAR AGED ABOUT 41 YEARS PRACTICING AT SMILE KRAFT CLINIC NO. 475, 80 FEET ROAD OPPOSITE BMTC BUS DEPOT NEAR SONY WORLD JUNCTION KORAMANGALA BENGALURU 560 095 BENGALURU URBAN KARNATAKA ...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 06 Sep 2023 Final Order / Judgement BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE (ADDL. BENCH) DATED THIS THE 6th DAY OF SEPTEMBER 2023 PRESENT MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER REVIEW APPLICATION NO. 85/2023 Ms. Saumya Ajila, D/o Dr. P. Vijaya Kumar, Aged about 45 years, R/at No.11, 6th Main, RMS Colony, Sanjaynagar, Bengaluru 560 094. (By Sri Nidhi Srees, Advocate) ...... Applicant/s V/s Dr. Sidharth Shankar, S/o Late.Co.V. Udaya Shankar, Aged about 41 years, Practicing at Smile Kraft Clinic No.475, 80 Feet Road, Opposite BMTC Bus Depot, Near Sony World Junction, Koramangala, Bengaluru 560 095. ...... Respondent/s :ORDER ON ADMISSION: BY SRI. RAVISHANKAR - JUDICIAL MEMBER
The appellant in appeal No.2288/2022 preferred this Review Application being aggrieved by the order dated: 12.12.2022 passed in the above appeal and for various reasons and prays to review the order dated: 12.12.2022 and restore the appeal and dispose of the appeal on merits.
2. On going through the Review Application filed U/s 50 of the Consumer Protection Act 2019 and order passed by us, it is appropriate to quote the provisions of Section 50 of Consumer Protection Act 1986 2019 hereunder:-
"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".
3. We noticed here that the order passed by this Commission has no error either in law or any error apparent on the face of record as contemplated U/s 50 of the Consumer Protection Act 2019.
4. The learned counsel for Review Applicant submits that this Commission has passed an Order in the admission itself directing this applicant to undergo dental examination by experts as sought in the application immediately, even without issuing notice to this applicant. Further, the IA u/s 5 of Limitation Act with affidavit filed to condone the delay of 208 days in filing this Review Application. In the affidavit sworn by the applicant, we noticed that the reasons assigned by the Applicant to condone the delay of 208 days in filing this Review Application are not satisfactory. As per the provisions of Consumer Protection Act, 2019, the Review Application has to be filed within 30 days from the date of Order passed in the appeal. Hence, the Review Applicant deliberately not filed the Review Application well within time. On this ground the Review Application is liable to be dismissed. Hence, the Review Application fails.
7. As per the provisions of Section 50 of Consumer Protection Act 2019, if there is any error on law or error on the face of record, then only Review application can be filed, otherwise, if the appellant not satisfied with the order, he is at liberty to approach the Hon'ble National Consumer Disputes Redressal Commission at New Delhi as per the provisions of Consumer Protection Act by filing an appeal. Hence, we do not find any merits in the Review Application. Accordingly, we proceed to pass the following:-
: ORDER:
The Review Application is dismissed with no order as to costs.
Notify the order to the parties and place this order/records along with concerned appeal records.
Sd/- Sd/- MEMBER JUDICIAL MEMBER KCS* [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER