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2024 Supreme(Bom) 551

B. P. DESHPANDE
Harish S/o. Ramesh Gawai – Appellant
Versus
Registrar (Legal) – Respondent


Advocates appeared:
P.D.Randive, Advocate, Mayuri H.Deshmukh, Advocate

JUDGMENT/ORDER

1. Heard learned counsel for the petitioner.

2. Rule. Rule is made returnable forthwith.

3. Heard with consent for final disposal.

4. The short issue involved in the present petition is order passed by State Consumer Disputes Redressal Commission dtd. 5/12/2023 whereby the revision filed by the petitioner is directed to be registered as appeal.

5. Learned counsel for the petitioner would submit that provisions of Sec. 47(1)(b) of the Consumer Protection Act, 2019 clearly permit aggrieved party to file revision even against the final order of the District Forum and thus the petitioner filed a revision, it ought to have been registered as revision. He submit that the directions of the State Commission to register such revision as an appeal is illegal and affecting the rights of the petitioner.

6. Learned A.G.P. opposed the said application by saying that the provisions of Sec. 47 clearly distinguish the revisional power as well as the appellate power and once the dispute is decided finally by the District Forum, the only remedy available to the aggrieved party is to file an appeal.

7. Sec. 47 of the Consumer Protection Act, 2019 read thus:

    47. Jurisdiction of State Comm

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