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MILIND S. SONAWANE, NAGESH C. KUMBRE
D. K. Developers – Appellant
Versus
Sanjay Arjun Bhujbal – Respondent
JUDGMENT
Milind S. Sonawane, Presiding Member—This is the Revision petition filed under S.47(1)(b) of the Consumer Protection Act, 2019 (the ‘C.P. Act’ for short).
2. The Revision petitioners have challenged the correctness and legality of the impugned order dated 07.12.2022 passed by the ld. District Consumer Distputes Redressal Commission, Ahmedgangar (the ‘District Commission’ for short). By the said impugned order the District Commission directed that, the application moved by the revisionists praying for the framing the ‘preliminary issue’ will be decided along with finality of the case.
3. The revisionists filed the revision petition along with the delay condonation application according to the revisionists there is 16 days delay in filing the revision petition. Revisionists No.2 was suffering from Viral Hepatitis on 3.1.2023 for two weeks. The medical certificate is duly produced by the revisionist. Revisionist No.2 is the person who was looking after the matter before the District Commission. As such the revisionist gets delay in filing the revision petition. Considering the extent of delay and the reasons given for it are satisfactory and the respondents also not seriously
(1) CPC – It is pertinent to note that, S.13(4) of the old Act as well as S.38(9) of the new Act does not have any mention as to the applicability of S.9A of the C.P.Code to the proceedings before th....
(1) Assess and re-appreciate the evidence - Commission in exercise of its revisional jurisdiction under section 21 of the Act is not required to re-assess and re-appreciate the evidence on record and....
“Condonation of delay if duly not backed by sufficient reason has to be rejected.”
Revisional Jurisdiction - finding of facts recorded by the State Commission in Appeal, cannot be interfered with in exercise of Revisional Jurisdiction unless the said finding has been recorded by mi....
The Consumer Protection Act, 2019, delineates the distinct roles of revisions and appeals, with revisions not applicable to final orders of the District Forum, which must be appealed under Section 41....
An unregistered agreement does not invalidate a consumer complaint; service of notice is deemed valid under the applicable law, and the appropriate legal remedy is an appeal, not a revision.
The court ruled that execution proceedings under the Consumer Protection Act must follow statutory appeal routes, and revisional jurisdiction under Article 227 is not applicable.
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