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Judgment
This Revision Petition has been filed under Section 21(b) of The Consumer Protection Act, 1986, challenging the Order dated 22.01.2020 of The State Consumer Disputes Redressal Commission, Rajasthan, in F.A. No. 1034 of 2018 arising out of the Order dated 29.10.2018 in C.C. No. 275 of 2011 passed by The District Consumer Disputes Redressal Forum, Bharatpur.
As reported by the Registry, the Petition has been filed with delay of 159 days. In the application for condonation of delay filed by the Revisionist Insurance Company, the number of days of delay has been left blank.
That being as it is, in the interest of justice, to settle the matter on merit, the delay in filing the Petition is condoned.
Heard arguments from learned Counsel for the Revisionist Insurance Company.
Perused the material on record, including inter alia the Order dated 29.10.2018 of the District Forum, the Order dated 14.10.2019 of the State Commission, the impugned Order dated 22.01.2020 of the State Commission and the Petition.
Briefly, the Revisionist Insurance Company repudiated the claim relating to the theft of a vehicle insured with the Insurance Company for which the premium had been paid.
The Complainants professed a Complaint before the District Forum.
The District Forum, vide its Order dated 29.10.2018, allowed the Complaint. The said Order was passed after hearing both sides, on appraising the evidence, and with reasons given.
The Insurance Company went in Appeal before the State Commission.
The State Commission, vide its Order dated 14.10.2019, did not allow further opportunity to bring on record the legal heir(s) of the deceased insured, and, for reason of death of the insured, abated the Appeal.
The Insurance Company filed an Application before the State Commission for review of its Order of 14.10.2019.
The State Commission vide its Order dated 22.01.2020 dismissed the Application.
The said Order of 22.01.2020, which has been impugned herein, reads as below:
22.01.2020
Counsel for applicant Mr R P Gupta present. Appeal of United India Insurance Company Limited was pending in this commission. Insured died and the legal heir was not taken on record at that time. On 04.10.2019, appeal stands abated. Now this application has been filed that there was one more person hence treating him as party, the appeal to make live again. The commission has once decided the appeal. The commission cannot review its order. In this situation the application deserves to be dismissed hence is dismissed.
(as per translated copy of the impugned Order dated 22.01.2020)
(emphasis supplied)
In essence, the State Commission has passed an order to the effect that it has decided the Appeal in question and it has no power to review its own Order.
This Commission finds no error in respect of the said Order dated 22.01.2020 of the State Commission. That it has already decided the Appeal is correct on fact, that it has no jurisdiction to review its own Order is correct on law. As such, no jurisdictional error, or a legal principle ignored, or misappreciation of facts, is visible, as may warrant interference by this Commission.
With this brief discussion, the Revision Petition, being misconceived and bereft of merit, is dismissed.