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Judgment
FA. IA. SR. No. 1136/1999 is an application made by the appellant in FA. No. 623/1998 for reviewing our order in that FA dismissing it and FA. IA. No. 567/1999 is for condoning the delay in presenting the review petition FA. IA. SR. No. 1136/1999.
THESE applications will have to be dismissed because this Commission does not have the power of review. Power of review has to be conferred on these Tribunals by the statute and no such has been conferred on this Commission. In Patel Narshi Thakershi & Ors. v. Pradyumansinghji Arjunsinghji, AIR 1970 SC 1273, the Supreme Court held as follows : "It is well-settled that the power of review is not an inherent power. It must be conferred by law either specifically or by necessary implication."
That decision was followed by another three Judges Bench of the Supreme Court in Dr. Kashinath G. Jalmi & Anr. v. The Speaker & Ors., (1993) 2 SCC 703 at pgs. 718 and 722. The National Commission in New India Assurance Co. Ltd. v. M/s. Surya Credit Limited & Anr., III (1998) CPJ 19 (NC) held, relying on the decision of the Supreme Court in Patel Narshi (supra), as follows : "We have examined the provision of Consumer Protection Act, 1986. No power either specifically or by necessary implication has been conferred upon the FORA constituted under the provisions of the Act to review their order."
In Lalitha Enterprises v. Madduri Eswari & Ors., II (1998) CPJ 669, this Commission after referring to various decision held that a Court or Tribunal can review its order or judgment only where a party is guilty of misrepresentation or has played fraud upon the Court. In Bhagwan Singh v. Accounts Officer, II (1999) CPJ 124 (M.P. State Commission), the Madhya Pradesh State Commission took the same view. Earlier the Himachal Pradesh State Commission also took the same view in Hans Raj v. Union of India, II (1998) CPJ 194 (Himachal Pradesh State Commission). In the result, we have to hold that petition for review on the facts of the present case is not maintainable as no misrepresentation or fraud on Court is involved. FA. IA. SR. No. 1136/1999 and FA. IA. No. 567/1999 are consequently dismissed. Review Petition dismissed.