Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No.1572 of  2018

Kanpur Development Authority, Kanpur

through its Vice Chairman/Joint Secretary.         …Appellant.                                                                         

                                       Versus

Smt. Chaman w/o Mohd. Aslam, R/o House

no.E-120-A, Gausala, Kanpur Nagar.                ..Respondent.

Present:-

1- Hon’ble Sri Rajendra  Singh, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Piyush Mani Tripathi, Advocate for appellant.

Sri Ramesh Chand, Advocate for respondent.

Date   6.10.2023

JUDGMENT

Per Mr. Rajendra Singh, Member: This Appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 against the judgment and order dated 18.1.2018 passed by Ld. District Forum, Kanpur Nagar in Complaint case no.66 of 2016.

          The appellant has moved an application for condonation of delay.     

We have heard the learned counsel for the parties. We have perused the pleadings and evidence available on record.

The appellant has stated that the delay about 217 days in filing this statutory appeal as the delay so caused is neither intentional nor deliberate and requires to be condoned.

 In this case, the impugned order is of 18.1.2018 and free copy has been issued on 24.1.2018 and  the present appeal has been filed on 4.9.2018. Thus, there is a delay of about 217 days if counted from the date of judgment.    

The Consumer Protection Act 1986 was enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of Consumers Councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith (Preamble).

The Act Inter alia, seeks to promote and protect the rights of consumers such as -

1.  right to be protected against marketing of goods which are hazardous to life and property;
2. right to be informed about the quality, quantity, potency, purity, standard and price of goods to

protect the consumer against unfair trade practices;

3. right to be assured, wherever possible, access to variety of goods at competitive prices;
4. right to be heard and to assured that customers’ interests will receive due consideration at appropriate forums.
5. Right to seek redressal against unfair practices or unscrupulous exploitation of consumers; and

     (6)    Right to consumer education

The objects are sought to be promoted and protected by the Consumer Protection Councils to be established at the Central and State levels.

The Act applies to all goods and services, except if otherwise provided by the Central Government by Notification. To provide speedy and simple redressal of consumer disputes, a quasi judicial machinery is set up at the District, State and Central levels. The three tier system of quasi judicial bodies will observe the principle of natural  justice and are empowered to give relief of a specific nature and to award, wherever appropriate, compensation to  consumers. Penalties for non-compliance of the orders given by the quasi judicial bodies have also been provided.

Thus the Consumer Protection Act is to serve the interests of the consumers. Consumer education and redressal of consumers’ grievances are the two aspects of the Act. It makes good the loss a consumer suffers and increases the feeling of responsibility of the manufacturer, trader, supplier or b