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2023 Supreme(J&K) 273

MOKSHA KHAJURIA KAZMI, N. KOTISWAR SINGH
National Insurance Company Limited – Appellant
Versus
Mohammad Mansoor Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N. A. Dendru, Advocate
For the Respondent:Mr. Sami Yaqoob, Advocate

JUDGMENT :

MOKSHA KHAJURIA KAZMI, J.

1. The Consumer Protection Act is a social benefit - oriented legislation. It is a beneficial legislation which proposes to confer a benefit on individuals or class of persons. The beneficial legislation means a statute which is interpreted liberally and has given the widest possible meaning, which the language permits and to secure remedy to the victim who is unjustly denied of relief. A welfare legislation construes liberal approach to be adopted and purposive construction which would effectuate the object of the welfare legislation with respect to the expressions used in the statute.

2. Preamble declares the object with which the enactment has been proposed and what it seeks to accomplish. Preamble assumes active role in case of any ambiguity in the interpretation of a provision in the statute.

    PREAMBLE:

“An Act to provide for better protection of interest of consumers and for that purpose to make provision for the establishment of consumer councils, and other authorities for the settlement of consumers’ disputes and for matters connected therewith”.

3. Appellant herein, has assailed the order dated 28.05.2018, passed by J & K State Consumer Dispu

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