Per Dr. Justice B.P. Saraf, Chief Justice (Oral)

1. This is an appeal from order dated 5th August 1997 of the J&K State Consumers Protection Commission ("State Commission") by which the State Commission awarded a sum of Rs. 60,000/- in favour of the respondent on account of loss of baggage containing Video Camera, Cordless Telephone Instrument and some articles of day to day use and a sum of Rs.5,000/- on account of expenses for travel and costs of litigation.

2. This appeal was admitted by this court on 22nd September, 1997. There was an interim application of the appellants for stay of the operation of the impugned order. On that application, it was directed that the impugned order shall remain stayed on condition that the appellants pay Rs. 10,000/- to the respondent within a period of two months from the date of the order subject to the ultimate decision of the case. The appellants complied with the above order. When this appeal came up for hearing, learned counsel for the respondent, Mr.Hakim Sami Yaqoob, raised a preliminary objection in regard to the maintainability of this appeal. He invited our attention to the Jammu & Kashmir Consumer Protection (Amendment) Act, 1997 (Act N

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