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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M. SUBRAMANIAM, A.D. MARIA CLETE
Principal Chief, Conservator of Forest, Forest Head Quarters Building Near Kannikapuram Checkpost Guindy-Velachery Main Road Guindy, Chennai – Appellant
Versus
Vijayakumar – Respondent
ORDER :
[S.M. SUBRAMANIAM, J.]
Under assail is the order dated 26.06.2024, passed in C.C.No.155 of 2023, by the District Consumer Disputes Redressal Commission, Madurai.
2. Curiously, the State has preferred this writ petition under Article 226 of the Constitution of India knowing the fact that statutory appeal remedy has been contemplated under the Consumer Protection Act, 1986 and an appeal is to be preferred before the State Consumer Disputes Redressal Commission.
3. Such writ petitions are filed with an idea to get over the period of limitation. Pertinently, Section 15 of the Consumer Protection Act, 1986, contemplates “Appeal”. Accordingly, any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed. Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. Importantly, second proviso clause has been inserted by the Act 50 of 1993 and it stipulates that no appeal by a person, w
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The State Commission cannot dismiss a complaint for non-appearance without deciding on merits as mandated by law.
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