TRIPTI DAS Vs. PHANI BHUSAN MANDAL

JUDGEMENT

(1.) This First Appeal challenges the order dtd. 15/12/2022 in Review Application No.82 of 2022 emanating from the final order dtd. 1/11/2022 of the State Consumer Dispute Redressal Commission, West Bengal (for short 'the State Commission ") in Consumer Complaint No.28 of 2013. The Appellants have sought review of the order in Consumer Complaint No.28 of 2013 on the ground that certain submissions made by them had not been considered by the State Commission in its order. It was also contended that this order contained conclusions which would have implications on the health of the public at large in future, practice of medicines in relation to cases involving accidental head injury and/or traumatic brain injury.

(2.) The State Commission considered the Review Application filed under Sec. 50 of the Consumer Protection Act, 2019 and held that it could not be considered and dismissed it at the admission stage. The State Commission has held as under:

(3.) The Appellants have contended, on the basis of the judgment of the Hon'ble Supreme Court in Mohd. Akram Ansari vs. Chief Election Officer And Others (2008) 2 SCC 95, that the State Commission ought to have considered the Review Application. It was submitted that the Revisionist/Complainant had raised several specific vital points in their original Complaint/Petition that were also argued before the State Commission, none of which were dealt with in the impugned order while dismissing the original Complaint No.28 of 2013. Therefore, reliance was placed on the above judgment which had held as under: