MADHYA PRADESH STATE CONSUMER
DISPUTES REDRESSAL COMMISSION, BHOPAL
Hon’ble Mr. Justice V.S. Kokje, President &
Mr. M.L. Tiwari, Member
JAIMCA GAS COMPANY—Appellant
versus
KU. PRAVIN BHAGAT —Respondent
Appeal No. 591 of 1993—Decided on 25.6.1994
Consumer Protection Act - Appeal Jurisdiction - The court held that the Commission cannot interfere in the order passed by the District Forum, Sagar, as the appeal filed after 30 days from the date of the original order is barred by time, and the original order passed dated 27.4.93 is legally the final order.
Fact of the Case:
The appellant, M/s. Jaimca Gas Company, appealed against the order passed by the District Forum, Sagar in Case No. 99/92 dated 27.4.93. The appeal was raised at the time of execution of the order, and the District Forum passed an order dated 28.9.93, which became the subject matter of the appeal.
Finding of the Court:
The court found that the appeal filed after 30 days from the date of the original order is not maintainable as per Section 15 of the Consumer Protection Act. The original order passed dated 27.4.93 is legally the final order, and the appeal against the order of execution is not maintainable.
Issues: The key issue was whether the Commission can interfere in the order passed by the District Forum, Sagar, and whether the appeal filed after 30 days from the date of the original order is maintainable.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 15 of the Consumer Protection Act, which stipulates the time limit for filing an appeal, and the legal status of the original order as the final order.
Final Decision: The appeal was found to have no force and was dismissed by the court, with no order as to cost.
Mr. M.L. Tiwari, Member—Appellant M/s. Jaimca Gas Company being aggrieved by the order passed by the District Forum, Sagar relevant Case No. 99/92 dated 28.9.93.
2. The short point involved in this appeal is whether this Commission can interfere in the order passed by the District Forum, Sagar on 27.4.93 in Case No. 99/92. The showcause objection was raised at the time of exe-cution of the order and in that execution matter the District Forum is please to pass an order dated 28.9.93 which is subject matter of the appeal. The appeal preferred against the order of execution is not maintainable. If the appellant had any grievance he should have preferred an appeal against the order passed on 27.4.93 as per Section 15 of the Consumer Protection Act. Appeal filed after 30 days from the date of order is barred by time. Actually speaking the original order passed dated 27.4.93 has legally the final order. No order of appeal.
In result this appeal has no force and hereby dismissed. No order as to cost.
Appeal dismissed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.