D.I.DABHI

RP-19-2022

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IN THE CONSUMER DISPUTES REDRESSAL COMMISSION

GUJARAT STATE, AHMEDABAD.

Revision Petition NO. 19/2022

Court No. 1

1. Bechara Bhachu Ravariya

Age:57, Occupation: farming/worker,

Address: opposite kakariyadham, patel vas,

Bhachau- Kutch.

…Applicant

Vs

1. Manager, Navneet Gas

Gandhidham – Kutch

2. Hindustan Petroleum Corporation Ltd.

Mumbai-400020.

3. The New India Insurance Company Ltd.

Ahmedabad.

…Opponents

Coram : Hon’ble Mr. Justice V. P. Patel, President

Hon’ble Ms. A.C.Raval, Member

Apperence : Mr. Nachiket D. Mehta for the petitioner

Mr. Nikita S. Barot, Advocate for the opponent no.1 and 2.

Mr. P. S. Thakkar, Advocate for the opponent no.3.

Order by Hon’ble Mr. Justice V. P. Patel, President

1. The Petitioner/ Original Complainant has filed this revision petition

under section 47 (1) (b) of the Consumer Protection Act 2019, being

aggrieved and dissatisfied with the order dated 07.05.2022 passed by

the learned Consumer Dispute Redressal Commission Bhuj at Kutch

(for short Learned District Commission) in miscellaneous application

No.11/2021.

2. Heard learned advocate Mr. Nachiket D. Mehta for the petitioner,

learned advocate Mr. Nikita S. Barot for the opponent No.1 and 2 and

Details

DD

MM

YY

Date of Judgment

01 11

2022 Date of filing

30 06

2022 Duration

02 04

-

D.I.DABHI

RP-19-2022

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leaned advocate Mr. P.H.Thakker for the opponent no.3 insurance

company.

3. Fact of the case: The original complainant has filed Consumer

Compliant No. 119/2015 before the Learned District Commission

which was decided and disposed on 23.03.2019. At the time of filling

the compliant, complainant has mentioned his name as Bhachu

Bechara Patel instead of Bechara Bhachu Ravariya. The name of his

father was written before the name of complainant. The such mistake

was required to be corrected therefore the complainant has filed the

review petition to correct the actual name of the complainant. The

review petition is required to be filed within 30 days but due to reason

stated in the delay condon application he has filed an application to

condon delay. Such delay condon application has been rejected by the

impugned order. Therefore this revision petition is filed being

aggrieved by and dissatisfied with the order dated 07.05.2012 pass in

miscellaneous application no.11/2021.

4. Argument of the applicant : Learned advocate for the applicant

has argued that the complainant has filed Consumer Complaint

No.115/2019 before the learned District Commission Bhuj at Kutch.

The same was allowed on 23.03.2019 the opponent no.3 Insurance

Company has filed appeal before the State Commission vide appeal

no. 123/2021 which is pending before this commission. It is further

argued that at the time of depositing the amount of Rs.1,000/- as

cost, it was came to the knowledge of the complainant that the name

of his father written before his name by mistake. Therefore, the

complainant/petitioner has filed the review application before the

Consumer District Commission Bhuj at Kutch. At the time of filling of

review application it was found that there is a delay in filling review

application

therefore,

he

has

filed

miscellaneous

application

no.11/2021 for condonation of delay.

4.1. It is further argued that the order passed by the learned District

Commission is erroneous in on fact and law. That the learned District

Commission has not considered the benevolent provision of Consumer

Protection Act in favour of the consumer that the learned District

D.I.DABHI

RP-19-2022

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Commission has erred in rejecting delay condon application. He has

requested to allowed this revision petition and set aside impugned

order and grant delay condon application filed for the review

application.

4.2. Learned advocate for the respondent no.1 and 2 has a

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