AI Structured Summary
Not yet generated for this judgment
Judgment
R.A. No. 260 of 2023 in F.A. No. 305 of 2019
First Appeal No. 305 of 2023 was decided vide Order dated 23.03.2023 passed by the Bench comprising of the then Hon’ble Mr. Dinesh Singh, Member and Karuna Nand Bajpayee J. As Hon’ble Member Mr. Dinesh Singh has since retired, the review application has come up before us.
Application no. 260 of 2023 seeks the review of the Order dated 23.03.2023.
Entire record, including inter alia the impugned Order dated 18.12.2018 of the State Commission, Order dated 23.03.2023 of this Commission as well as the review application no. 260 of 2023, have been perused.
The applicant appears to be obviously aggrieved by the adverse inferences drawn against it and because the Bench did not find good cause or merit in the appeal and accordingly the same got dismissed as such. The Order has been sought to be reviewed now.
The application seeking review has been couched in a manner to make it appear as if there is some error apparent on the face of record, while actually there is none. For all intent and purposes, the object of the applicant appears to be to persuade the Bench to re-appreciate the facts differently and take a different view of the matter. The grounds taken in the review application fall more in the realm of appreciation of the facts and circumstances. To enter into reappraisal of the facts and re-appreciate the evidence and take a favourable view other than the earlier one that has been taken is far outside the scope and ambit of powers of ‘review’.
The law regarding the scope and ambit of ‘review’ (as provided under The Consumer Protection Act 1986 or 2019) is too well settled to be elaborated upon. The canvas and the confines of its scope are not too wide. Every difference of opinion regarding an issue does not emanate out of ‘error apparent on the face of record’ nor every subjective difference in deducing inferences does.
The grounds taken in the review application contain nothing which may persuade this Bench to take a different view of the matter. No such reason is perceptible. Certainly there is no ‘error apparent on the face of record’ found which may deserve correction or amendment in the Order.
The Order dated 23.03.2023 is self-contained and self-speaking. No such ‘error apparent on the face of record’ is visible which may provide reason to review the matter.
The application is dismissed. The Order dated 23.03.2023 stands as it stood.
The Registry is requested to send a copy each of this Order to the parties and to their respective learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.