State Consumer Disputes Redressal Commission
G. Leela vs The President, on 4 April, 2022
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. Review Application No. RA/2/2022 ( Date of Filing : 06 Jan 2022 ) In First Appeal No. A/2121/2017 1. G. Leela Since rep by her legal Representatives
Sri K.N. Krishnamurthy S/o Narasimhamurthy aged 77 years R/at No.2357 3rd Cross Gandhi nagar Mandya 2. Roopashree D/o Late G Leela W/o V Prahllada Rao No.959 Sneha Paradise TF5 80 Feet Double Road BEML 5th Stage Near Kanthi Sweets Rajarajeshwarinagar Bengaluru-560098 3. Sumana Fathima D/o Late G. Leela W/o Sanaulla R/a No.1412 11 Cross Near Pushpa Panduranga Kalyana Mantapa Chamundeshwari Nagara KEB Colony Mandya 571401 4. Smt Nagashree K D/o Late Leela W/o Gurupriya M.J. No.30 MIG 2nd Stage KHB Colony Mandya Old Water Rank Road Mandya 571401 ...........Appellant(s) Versus 1. The President, Mandya City Govt. Employees House Building
Co-operative Society Ltd.,
B.M.Rudrappa's Mangaiah Mansion,
Ashoknagar,
Mandya-571401 2. The Secretary Mandya City Govt. Employees House Building
Co-operative Society Ltd.,
B.M.Rudrappa's Mangaiah Mansion,
Ashoknagar,
Mandya-571401
...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 04 Apr 2022 Final Order / Judgement
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BANGALORE (ADDL. BENCH)
DATED THIS THE 4th DAY OF APRIL 2022
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER REVIEW APPLICATION NO. 2/2022 1. Smt. G. Leela since rep. by her legal representatives Sri K.N. Krishnamurthy, S/o K.N. Narasimhamurthy, Aged about 77 years, R/at No.2357, 3rd Cross, Gandhinagar, Mandya. ...... Petitioner/s 2. Smt. K. Roopashree, D/o Late G. Leela, W/o V. Prahllada Rao, No.959, Sneha Paradise TF5, 80 Feet, Double Road, BEML 5th Stage, Near Kanthi
Sweets, Rajarajeshwari Nagar, Bangalore 560 098.
3. Smt. Sumaya Fathima, D/o Late G. Leela, W/o Sanaulla, r/at No.1412, 11th Cross, Near Pushpa Panduranga Kalyana Mantapa, Chamundeshwari Nagara, KEB Colony, Mandya 571 401.
4. Smt. K. Nagashree, D/o Late G. Leela, W/o M.J. Gurupriya, No.30, MIG 2nd Stage, KHB Colony, Mandya, Old Watertank Road, Mandya 571 401.
(By Sri K.V. Narasimhan) V/s
1. The President, Mandya City Govt. Employees House Building Coop. Society Ltd., B.M. Rudrappa's Mangaiah Mansion, Ashoknagar, Mandya 571 401.
... Respondent/s
2. The Secretary, Mandya City Government Employees House Building Coop. Society Ltd., B.M. Rudrappa's Mangaiah Mansion, Ashoknagar, Mandya 571 401.
:ORDER ON ADMISSION:
BY SRI. RAVISHANKAR - JUDICIAL MEMBER The respondent in appeal No.2121/2017 preferred this Review Application being aggrieved by the order dated:08/10/2021 passed in the above appeal and for various reasons and prays to set aside the order dated:08/10/2021.
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 Petitioner had submits that without bringing the legal representatives of Smt. Leela (deceased) on record, the impugned order has been passed. The petitioner further submits that the matter was heard by the Hon'ble Principal Bench, however, the order has been passed by the Additional Bench. On perusal of the order sheet, we noticed that on 13.09.2021 the matter was referred to Additional Bench from the Hon'ble Principal Bench and on 20.09.2022, the matter was heard on merits. During the course of arguments, no submission was made with respect to the death of the respondent and if at all the respondent not satisfied with the order passed by this Commission, he is at liberty to approach the Hon'ble National Consumer Disputes Redressal Commission by preferring an appeal.
5. 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