UNION OF INDIA Vs. PRESIDENT, DIVISIONAL FORUM

JUDGEMENT

(1.) THIS appeal has purportedly been filed and styled under section 17 of the Jammu and Kashmir Consumers Protection Act, 1987 against the order dated 29.5.1992 passed by the State Consumers Protection Commission constituted under the aforesaid Act. The Order impugned in the present appeal in this Court was passed by the said Commission in exercise of its appellate jurisdiction because the appellant, herein, had moved the said Commission against the order passed by the Divisional Forum.

(2.) LEARNED Counsel for the respondents has raised a preliminary objection to the maintainability of this appeal in this court on the ground that under section 17 of the Act appeals in High court lie only against the orders passed by the State Commission in exercise of its powers under section 15 (a) (i) of the Act. Section 15 of the Act reads thus:

(3.) AFTER hearing learned counsel for the parties and perusing the record, I am convinced that on a plain reading of Sections 17, 15 and 2 of the Act, appeal in the High Court can lie only against the orders passed by the State Commission while it is deciding the matter on the original side in a complaint filed before it under section 15 (a) (i) of the Act by a complainant and not when it is deciding either an appeal filed by a person aggrieved by an order passed by the Divisional Forum or even while deciding an application for condonation of delay in filing the appeal.