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Judgment
Subhash Chandra, Presiding Member
RA no.221 of 2022 (for review – In Chamber)
The opposite party has filed the present review application no.221 of 2022 against the order dated 01.09.2022 passed by this Commission in CC no.2338 of 2017 – Yogesh Sirole and Ors., vs M/s B C C Infrastructure Pvt. Ltd., and Ors. by which, the opposite parties were directed to file the affidavit evidence within two weeks, subject to cost of Rs.10,000/-, out of which Rs.5000/- shall be paid to complainant no.1 and Rs.5000/- shall be deposited with the ‘Consumer Legal Aid Account’ of NCDRC.
The review of the order has been sought by the opposite party on the ground that affidavit by way of evidence has already been filed by the opposite party on 25th July 2019 vide dy no. 31268.
I have gone through the order as well as the review application and I find that there is an error apparent on the face of the record in the order dated 01.09.2022 in view of the incorrect submission by the proxy counsel appearing on behalf of the respondent. From the records, it is evident that the respondent has filed his evidence on 25.07.2019 as per Dy no.31268. In view of the above, the directions for filing the affidavit by way of evidence and imposing cost are hereby recalled. Consequently, the review application filed by the opposite party is allowed.