The COMPAT in its order dated 18.11.2015, has dismissed an application for review of COMPAT’s decision dated September 1, 2015 through which it had dismissed the appeal preferred by the Informant against a dismissal of a case by CCI.
Hon’ble COMPAT delineated the difference between “power of review” and that of “appeal”. In the case of TDI Fun Republic Shops Owners’ Welfare Association v. E-City Property Management and Services & Ors., COMPAT dismissed the application for review of the order of COMPAT as there was no error apparent on the face of the record. The Hon’ble COMPAT, while dismissing the review application , observed that in order to place new material which could have been availed by the Informant after due diligence cannot lead to a conclusion that the order has an error apparent on the face of it. It was further observed that the power of review may be exercised on the discovery of new evidence which after the exercise of due diligence was not within the knowledge of the person seeking the review. An error of merits can only be corrected before a court of appeal.
(Source: Order dated November 18, 2015. For full text see COMPAT website-www./compat.nic.in/)