NIRMAL SINGH Vs. MANAGER, CENTRAL COOPERATIVE BANK

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 26 -09 -1995 purported to have been passed by the State Commission in the proceedings moved by the present appellant against the Manager, Central Cooperative Bank, Seer Ananatnag. Under the impugned order, evidence of the complainant, present appellant, has been closed without affording him further opportunity to adduce evidence in support of the complaint.

(2.) MR . Tantray, appearing for the appellant, submitted that the appeal is maintainable. While developing his arguments further, Mr. Tantray has taken me through Section 17 of the Consumerâ„¢s Protection Act 1987 (hereinafter to be referred to as the Act), which reads: 17. Appeals: - Any person aggrieved by any order by the State Commission in exercise of its powers conferred by sub -clause (i) of clause (a) of section 15 may prefer an appeal against such order to the High Court within a period of thirty days from the date of the order in such form and manner as may be prescribed; Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period."

(3.) THUS Ld. counsel for the appellant has laid emphasis that he has a statutory right under the provisions of the Act to file the appeal against any order. By any order, he means even an inter -locutory order or final order, and submits that the order, though passed in the proceedings on 26 -09 -1995, whereunder his evidence was closed, is also falling within the definition of an order and, as such, he has preferred the appeal.