PREM CHAND YADAV Vs. SUB-POST MASTER LOHARU

JUDGEMENT

(1.) Whether the Consumer Protection Act would govern a consumer dispute, the cause of action whereof arose prior to its enforcement? Is the said Act penal in nature and consequently cannot have retrospective effect? These are the two significant thresh hold issues in this appeal.

(2.) The challenge herein is against the order of the District Forum, Bhiwani whereby the appellant's complaint stands dismissed on the preliminary ground of the lack of jurisdiction. In order to appreciate the legal controversy herein, it is unnecessary to delve into the facts in any great detail. It suffices to mention that the complainant appellant had sent a money order of Rs.500/- to his father in his home-town village Gada Raja, P. O. It wakungai, District Basti (U. P.) way back on the 14th of May, 1986. According to the complainant the said money order was never delivered to his father and he consequently complained about the same to the Departmental authorities by an application dated the 18th of November, 1986. The latter after full investigation thereof took up the plea that the said money order had been delivered to the father of the appellant according to their record and informed the complainant-appellant about the same vide their communication (Annexure 3) dated the 3rd of December, 1986.

(3.) In the proceedings before the District Forum the primal preliminary question raised was whether the Act would apply to a dispute which had arisen prior to the date of the enforcement of the said statute. The District Forum in its somewhat brief order noticed that the complainant had informed the Post Office about the non-delivery of the money order on the 18th of November, 1986 and he received a firm reply thereto on the 3rd of December, 1986, to the effect that the money order had been duly paid over. Taking the last date as the accrual of the cause of action it held that the same had arisen before the Act had come into force and hence not cognizable.