Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No.2066 of  1997

1- Datamatics Financial Services Limited,

    Plot No.A/16 & A/17 MIDC, Andheri(E),

    Mumbai 400093

    (Represented by) Branch Manager,

    Unit Trust of India, Regency Plaza,

    5, Park Road, Lucknow-226001                 …Appellants.                                                                         

Shri Shiv Shanker Singh, R/o D-57/58-8B,

Kasturba Nagar, Sigra, Varanasi.                 …Respondent.

Present:-

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

2- Hon’ble Sri Sushil Kumar, Member.

Sri Umesh Kumar Srivastava, Advocate for appellant.

Sri Rajesh Chaddha, Advocate for the respondent.

Date  23.05.2022

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 judgement and order dated 13.02.1997  passed by Ld. District Forum, Varanasi  in Complaint Case no.57of 1993, Mansha Ram Singh (now deceasd) Vs. Datamatics Financial Services Ltd.

This appeal has been filed with a delay of about four months.

We have heard the learned counsel for the appellant Mr. Umesh Kumar Srivastava and the learned counsel for the respondent Mr. Rajesh Chaddha. We have perused the pleadings evidence and application for condonation of delay.

(2)

We have seen the impugned judgment. This judgment has been delivered on 13.02.1997 and the certified copy has also been issued on the same date. The opposite party did not submit any objection/written statement though they have sent to letters for adjournment but after this he did not appear before the Learned District Consumer Forum. In this case, the appeal filed on 01.07.1997. Thus, there is delay of more than four months in this case and no satisfactory explanation has been submitted by the appellant. In this connection we have seen the object of the Consumer Protection Act and also various shall pronounce in respect.

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)
          (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 red