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GUJARAT STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, AHMEDABAD
Hon’ble Mr. Justice R.C. Mankad, President & Dr. Jatin P. Vaidya, Member
SHREE KSHATRIYA KALYAN SANSTHA & ANR.—Appellants
versus
MOHANLAL MANEKLAL BHULAVALA & ORS.—Respondents
Appeal No. 91 of 1995—Decided on 21.12.1995

Advocates:
Counsel for the Parties :
For the Appellants :Mr. R.N. Shah, Advocate.
For the Respondents: None.

Headnote:Consumer Protection Act, 1986 - Section 15 - No provision in the Act for appeal against interlocutory order - Order dismissing opponents application alleging complaint time barred in an interlocutory - Appeal does not lie against such order - It would be open to appellant to raise contention regarding bar of limitation In appeal preferred against final order.

       Result: Appeal dismissed.

       IMPORTANT POINT

       No appeal against interlocutory order is maintainable under Consumer Protection Act.

ORDER

Mr. Justice R.C. Mankad, President—This appeal is directed against the judgment and order dated March 9,1995 passed by the District Consumer Disputes Redressal Forum, Bulsar (District Forum for short) in Complaint No. 1 of 1994.

2. It appears that the appellant gave application before the District Forum contending that the aforesaid complaint was barred by limitation. The District Forum has, by its impugned order disposed of the said application holding to the effect that the complaint is not barred by limitation and that even if it was barred, there was sufficient cause to condone the delay. It would, therefore, appear that the order which is passed by the District Forum is an interlocutory order and the complaint is still pending for final disposal on merits in accordance with law.

3. Section 15 of the Consumer Protection Act, 1986 (Act for short) amongst ether things provides that any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within the period of thirty days from the date of the order. Appeal contemplated by the said provision is the appeal against the final order which the District Forum may pass as provided in Section 14 of the Act. There is no provision for appeal against any interlocutory order. The impugned order is passed at the interlocutory stage on the application made by the appellants and as a result of this order the complaint is not finally disposed of. In other words, the complaint is still pending before the District Forum for disposal on merits in accordance with law. In our opinion, therefore, no appeal against such Interlocutory order is maintainable. On-that ground alone this appeal deserve to be dismissed. It need not be stated that if the District Forum renders decision on merits against the appellants while finally disposing of the complaint, it would be open to the appellants to raise contention regarding bar of limitation in the appeal which they may prefer against the order finally disposing of the complaint. In case complaint is dismissed and the complainants prefer appeal to this Commission, it would be open to the appellants to support the dismissal of the complaint on the ground of bar of limitation. However, at this stage order passed by the District Forum cannot be interfered with in exercise of appellate jurisdiction. This appeal, therefore, deserves to be dismissed.

4. In the result, this appeal is dismissed subject to observations made above. There will be no order as to costs.

Appeal dismissed.





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