IMPORTANT POINT
Restoration of consumer complaint by a self-contained order upheld.

Headnote:
Consumer Protection Act, 1986 – Section 2(1)(c) : [Consumer Protection Act, 2019 – Section 2(6)] – Review – Restoration of complaint – Scope – Complainant filed an application on 6.1.2021 i.e., within 30 days to restore the complainant in terms of liberty granted vide order dated 8.12.2020 – Complaint was revived vide order dated 18.2.2021 – Challenge against – Order dated 18.2.2021 found self-contained and self-speaking – Review application found frivolous and vexatious – Therefore, review application dismissed – Costs of Rs. 10,000 imposed on each of the applicants.
Held: The Order dated 18.02.2021 passed by this Commission is self-contained and self-speaking.
No error apparent, or any reason evident, to re-open and re-examine the matter in review, or to modify / recall the Order of 18.02.2021, is visible.
The instant application, seeking review / recall of the Order dated 18.02.2021, is totally ill-conceived and completely bereft of merit, it is frivolous and vexatious. The same is dismissed with stern advice of caution to the applicants through imposition of cost of Rs. 10,000/- each, on the each of the applicants, to be deposited in the ‘Consumer Legal Aid Account’ of this Commission within four weeks from today, without fail. The Order dated 18.02.2021 stands as it stood. (Paras 5 to 8)
Result: Review application dismissed.

ORDER

Dinesh Singh, Presiding Member.—

(In Chamber)

R.A. No. 21 of 2021

This application has been filed against the Order dated 18.02.2021 passed by this Commission.

2. Vide this Commission’s Order dated 08.12.2020, the Consumer Complaint No. 555 of 2015 was dismissed as withdrawn, with liberty to the complainant to revive it within thirty days by filing appropriate application. The said Order of 08.12.2020 reads as below:

Dated: 8th December, 2020

ORDER

Taken up in physical hearing.

1. Learned counsel for the opposite parties submits, on instructions, that the matter has been settled with the complainant.

Learned counsel for the complainant submits, on instructions, that the matter has been settled with the opposite parties. The submissions are recorded.

No comments of this Commission on the contents and ingredients of the settlement said to have been arrived at.

2. Learned counsel for the complainant submits, on instructions, that the amount deposited with this Commission in compliance of this Commission’s Orders dated 16.05.2019 and dated 26.06.2019 along with interest if any accrued thereon be released to the complainant.

Learned counsel for the opposite parties submits, on instructions, that the amount deposited with this Commission in compliance of this Commission’s Orders dated 16.05.2019 and dated 26.06.2019 along with interest if any accrued thereon be released to the complainant.

The submissions are recorded.

The Registry is directed to release the amount deposited in compliance of this Commission’s Orders dated 16.05.2019 and dated 26.06.2019 along with interest if any accrued thereon to the complainant, after the due verification and as per the due procedures.

3. Learned counsel for the opposite parties submits, on instructions, that the matter has been settled with the complainant and the opposite parties will not renegade.

Learned counsel for the complainant submits, on instructions, that the complainant wishes to withdraw its complaint with liberty to revive it within thirty days by filing appropriate application.

Learned counsel for the opposite parties submits, on instructions, that they will have no objection to the complaint being revived by the complainant.

The submissions are recorded.

The complaint is dismissed as withdraw, with liberty to the complainant to revive it within thirty days from today by filing appropriate application.

4. Let a copy each of this Order be sent by the Registry to all the parties within three days from today.

3. The complainant filed an application on 06.01.2021 (i.e. within 30 days), being M.A. No. 3 of 2021, to restore the complaint in terms of the liberty granted vide the Order dated 08.12.2020.

4. Vide this Commission’s Order dated 18.02.2021, the complaint was revived and restored to its original number. The said Order of 18.02.2021 reads as below:

ORDER

M.A. No. 3 of 2021

Taken up through video conferencing.

Taking reference in this Commission’s Order dated 08.12.2020, learned counsel for the complainant / applicant requests that complaint be revived.

Vide this Commission’s Order dated 08.12.2020, the consumer complaint, C.C. No. 555 of 2015, was dismissed as withdrawn with liberty to the complainant to revive it within thirty days by filing appropriate application. On the said date learned counsel for the opposite parties inter alia submitted on instructions that the matter had been settled with the complainant and that the opposite parties will have no objection to the complaint being revived by the complainant. The submissions were so recorded. The said Order of 08.12.2020 has not been put to review or challenge.

Vide the Order dated 08.12.2020, unconditional unfettered liberty was provided to the complainant to revive its complaint

In the interest of justice, to provide fair opportunity to the complainant, and to prevent any miscarriage of justice, the complaint is revived and restored to its original number i.e. C. C. No. 555 of 2015.

List on 26.02.2021.

On the said

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IMPORTANT POINTRestoration of consumer complaint by a self-contained order upheld.

IMPORTANT POINT
Restoration of consumer complaint by a self-contained order upheld.