Order No. 4

Record is put up today for passing order in respect of the delay condonation petition of the Appellant.

It is stated in the petition that owing to lack of clarity about the various amendments being injected in the Consumer Protection Act recently, the Appellant could not move the Appeal in time causing some delay in filing this Appeal.  In view of this, the Petitioner prayed for allowing his petition.

Having heard both sides and on due consideration of the documents on record, it transpires that the complaint case, initiated by the Appellant, i.e., CC/443/2015, was dismissed by the Ld. District Forum for lack of pecuniary jurisdiction. 

It is noted that the price of the disputed vehicle was Rs. 8,99,225/-. Besides this amount, the Appellant claimed a further sum of Rs. 12,00,000/- from the Respondent as compensation and another sum of Rs. 20,000/- as litigation cost. Given that, under the 1986 Act, a District Forum was allowed to adjudicate disputes valued Rs. 20,00,000/- at the most and as the aggregate sum of claimed amount breached the aforesaid monetary ceiling, it does not appear to me that the Forum below committed any legal infirmity by dismissing the complaint case.

Now that the Appellant intends to pursue his grievance under the newly formulated Consumer Protection Act, to my mind, the proper course correction would be to file a fresh complaint case under the appropriate Section of the Consumer Protection Act, 2019.

It does not appear to me that by moving this Appeal under the Consumer Protection Act, 1986, the Appellant could make any headway.

In view of this, I reject the delay condonation petition and direct the Appellant to move a fresh complaint case before the District Forum under appropriate Section of the Consumer Protection Act, 2019 within a month from the date of this order.

Consequent thereof, the Appeal stands dismissed.