VARUN ENGINEERS Vs. RSB TRANSMISSION INDIA LTD.

JUDGEMENT

(1.) The present Appeal, under Section ---51(1) of the Consumer Protection Act, 2019 (for short "the Act") has been filed by the Appellant against the order dated -----31.10.2019 of the State Consumer Disputes Redressal Commission, Orissa (for short "the State Commission") in Complaint No.47 of 2015 whereby the Complaint of the Respondent was allowed.

(2.) Learned Counsel for the Appellant, who was the Opposite Party in the complaint, has contended that the impugned order suffers with illegality as the State Commission has not exercised its jurisdiction correctly since it has nowhere discussed whether the Consumer Complaint was maintainable and it did not have the jurisdiction to entertain the Complaint and the correct forum for raising the dispute was the civil court since the dispute has arisen from the contractual relationship between the parties. It is argued that the Appellant had filed the written version but since it was filed beyond the statutory period of limitation provided under the Act, the same was not taken on record and therefore, there was no defence of the Appellant and hence, the impugned order was passed, believing the one sided testimony of the Complainant.

(3.) I have heard the learned Counsel for the Appellant at length and perused the file.