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SUBHASH CHANDRA, SADHNA SHANKER
Varman Aviation Private Limited – Appellant
Versus
Directorate of Civil Aviation, Government of Bihar – Respondent
ORDER
Subhash Chandra, Presiding Member—After hearing the learned counsel for the parties, the present first appeal was reserved for orders on the issue of maintainability under Section 24 A of Consumer Protection Act, 1986 on 23.01.2024.
2. The appeal under Section 51 of the Consumer Protection Act, 2019 is directed against the impugned order dated 07.06.2022 passed by the Bihar State Consumer Disputes Redressal Commission, Patna (in short, ‘the State Commission’) in Complaint no. 4 of 2014 whereby the State Commission is stated to have erroneously accepted the complaint of the respondent and directed the appellant to return the Engine no.24405 to the respondents along with a sum of Rs.27,85,093 at 7.5% interest per annum. The State Commission is stated to have arrived at its conclusion perversely without considering the commercial consideration in the Aviation Industry in addition to not considering all the documents on record and was liable to be set aside. The State Commission has been stated to have wrongly assumed that the respondent was a ‘Consumer’ as per the Consumer Protection Act, 1986 and has wrongly held that it had territorial jurisdiction over the alleged cause of ac
State Commission – The appellant is a duly constituted legal entity and is not an individual consumer which had contested the matter for nearly 8 years before the State Commission.
(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) Delay - The delay of each and every day has to be explained.(2) Due Diligence - The basic test to determine whether the delay is reasonable or whether the party has been acting with due diligence....
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 wa....
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