C.J. SHANTHA KUMAR Vs. T.M. PARAMESHWARAIAH

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 24.02.2012 passed by the District Consumer Disputes Redressal Forum, Davanagere, in C.C. No. 18/2012. The said complaint has been filed by the respondent herein. Since there was delay in filing the complaint, an application had been filed seeking condonation of delay. Even before directing notice to the petitioner herein, the Consumer Forum has considered the application and condoned the delay by a cryptic order and has thereafter issued notice to the petitioner herein. It is against the said order the petitioner is before this Court.

(2.) THIS Court taking note of the fact that the contention put forth by the petitioner is that an order had been passed without opportunity to the respondent had entertained the petition though the order was by the District Consumer Forum. In that view of the matter though the learned counsel for the respondent would contend that an appeal is provided under Section 15 of the Consumer Protection Act 1986, it would not be appropriate at this juncture to direct the petitioner to avail of the alternate remedy since the instant petition had been entertained and was pending before this Court. Further what is required to be corrected is only a procedural aspect which had not been followed by the District Consumer Disputes Redressal Forum and an opportunity be provided to the petitioner herein.