Back
MANOJIT MANDAL, SAMIKSHA BHATTACHARYA
Anjali Maitra – Appellant
Versus
Kothari Medical Center – Respondent
ORDER
Manojit Mandal, President—This appeal filed under section 15 of the Consumer Protection Act, 1986 on 25/07/2019 by the appellant Anjali Maitra, is directed against the order No. 8 dated 27/06/2019 passed by the Learned District Forum, Kolkata, Unit III (in short, ‘the District Forum’) in connection with case No. M A/ 395 of 2018 arising out of complaint case No. CC/603/2018 whereby Learned District Forum allowed the maintainability petition filed by the opposite parties No. 1 & 2.
2. Heard the Learned Advocate appearing for both the parties. Perused the record and considered.
3. It is submitted by the Learned Advocate appearing for the appellant that Learned District Forum disposed of the complaint case being No. CC/603/2018 arbitrarily on the issue of absence of petition under section 24A(2) of the Act, not admitting the prayer for condonation of delay as stated in paragraph No. 15 of the complaint case No. CC/603/2018. He further submitted that the impugned order passed by the Learned District Forum is not proper and not according to law in force. He further submitted that Learned District Forum failed to exercise its judicial power so vested and armed with material irregul
Limitation - the complaint is filed in violation of the statutory period of two years as provided under section 24A of the Consumer Protection Act, 1986, the same is barred by law of limitation.
Consumer forums must adhere to limitation periods stipulated by law when admitting complaints.
Sufficient Cause – Sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he was....
(1) Repeal of law – The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed....
1) Petitioner failed to give “Sufficient Cause” for condonation of inordinate delay of more than 2 years in filing Appl. seeking to set aside Orders of Distt. Forum before State Commission.2) “Suffic....
(1) Condonation of delay – To condone such delay in filing the Revision Petition, the Petitioner needs to satisfy this Commission that there was sufficient cause for preferring the Revision Petition ....
Appeal – Limitation – Object of expeditious adjudication of consumer disputes will get defeated if Court was to entertain highly belated petitions filed against orders of Consumer Fora.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
