A review application under the Consumer Protection Act must be filed within thirty days from the order; otherwise, it is not maintainable.

PER HON'BLE MS. SHAILA D. WANDHARE MEMBER

1. The present review petition filed the petitioner under Section 50 of the Consumer Protection Act , 2019 (hereinafter referred to as “the Act of 2019”) seeking review of the order dated 20/01/2025 passed by this Commission dismissing the consumer appeal (A/22/172) at the admission stage made against the impugned order dated 09/05/2022 passed by the learned District Consumer Disputes Redressal Commission, Nagpur in Consumer Complaint No.CC/125/2022.

2. It is relevant to note here that the State Commission did not possess the power to review or recall its own orders under the old Consumer Protection Act , 1986. However, the power of review has been introduced for the first time under Section 50 of the Consumer Protection Act , 2019 which came into force with effect from 20th July 2020. Section 50 provides that the State Commission is empowered 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 an application made by any of the parties within thirty days of such order. So, essential ingredient for entertaining the review petition is that the review jurisdiction be exercised either on its own motion or on an application made by any of the parties, and if application for review is made by the party, it has to be within thirty days from the date of the order.

3. In this case, the order sought to be reviewed was passed by this Commission on 20/01/2025. The order dismissed the consumer appeal (A/22/172) at the admission stage. This appeal was filed against the impugned order dated 09/05/2022, which was passed by the learned District Consumer Disputes Redressal Commission, Nagpur, in Consumer Complaint No. CC/125/2022.A certified copy of the said order is appeared to be issued as a free copy on 24/02/2025, as shown from the said copy filed on the record. The present review petition is appeared to be filed on 23/04/2025, as per the acknowledgment attached herewith and the petition bears the date of presentation as 22/04/2025.On the examination of these dates, it is clear that the review petition was not filed within the prescribed period of thirty days under Section 50 , when the period of limitation is counted either from the date of the order itself or from the date on which the copy of the order was received. Therefore, the petition for review is not maintainable as it has been filed beyond the time limit prescribed under Section 50 of the Consumer Protection Act , 2019.

4. However, we have considered whether there is any error apparent on the face of the record to give a fair opportunity to the petitioner, who appeared in person. The grievance relates to alleged deficiency in service concerning tax bills issued by the Nagpur Municipal Corporation. The petitioner relied on the Consumer Protection (General) Rules, 2020 claiming that municipal tax bills are included as services.

5. We have carefully examined the Consumer Protection (General) Rules, 2020 along with the Consumer Protection Act , 2019. Rule 5 provides that a seller must issue an invoice or bill with certain details such as taxable value, discounts, total price with a breakup of charges, and the invoice must have proper numbering without alterations. However, this rule applies only to goods sold or services rendered by a seller and does not cover municipal tax assessments or penalties imposed by a statutory authority.Further, the definition of “public utility service” under Rule 2(b) of the Consumer Protection (General) Rules, 2020 does not include municipal tax services. Therefore, the claim of the petitioner has no merit. The dispute about municipal tax bills falls under the Nagpur Municipal Corporation Act which provides a separate redressal mechanism