Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No.1755 of  2017

Rakesh Singh s/o Sri Kshetra Pal Singh,

R/o 65/2, Kamla Nagar, Police Station,

New Agra District Agra.                                      …Appellant.                                                                         

                                       Versus

1- Branch Manager, H.D.F.C. Bank,

    Sanjay Palace, Agra.

2- Branch Manager, H.D.F.C. Agro General

    Insurance Company Limited, Sanjay Palace,

    Agra.                                                           …Respondents.

Present:-

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

2- Hon’ble Sri Vikas  Saxena, Member.

Sri Mukesh Chandra Gupta, Advocate for the appellant.

None for the respondents.

Date   28.07.2022

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 18.3.2017 passed by Learned District Forum-II, Agra                     in Complaint Case no.257 of 2014, Rakesh Singh vs. Branch Manager, H.D.F.C. Bank & anr.

This appeal has been filed with a delay of about three months & twenty days.

We have heard the learned counsel for the appellant Mr. Mukesh Chandra Gupta. None appeared for the respondents. We have perused the pleadings evidence and application for condonation of delay.

The appellant has stated in his application filed for the condonation of delay that the judgment and order dated  18.03.2017 was passed by the Learned Forum. This judgment is ex parte and the appellant has no knowledge of this judgment. After some time the counsel for the complainant went to the court to take the date and thereafter he came to know that the complaint was dismissed on 18 March 2017. After some time the complainant took certified copy of this ex parte order and thereafter he filed the appeal without further delay. The delay is about five months in the same may be condoned. Therefore it is most respectfully prayed that this Hon’ble State Commission may graciously be please to condone the delay. 

 We have seen the impugned order. This order has been delivered on 18.03.2017 and the certified copy has been issued on 22.03.2017. The present appeal has been filed on 26.09.17. Thus there is delay of about five months in filing the appeal which is beyond the prescribed time limit to file an appeal and no satisfactory explanation has been submitted by the appellant. The opposite party/appellant was present before the learned Forum and they took active part in the proceedings.

Now before going to the time limit and effect of delay in filing appeal, it is better to understand the object of The Consumer Protection Act.

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;