RAJANI GAS COMPANY Vs. V P JAWALEKAR

JUDGEMENT

(1.) This appeal is filed against the order of District Forum, Yavatmal dated 1.10.1991 passed in Complaint No.14/91. The present appeal is arising out of the proceeding of imposing the penalty on appellant under the provisions of Sec.27 of the Consumer Protection Act, 1986 . The original complaint of Shri V. P. Jawalekar was allowed by the District Forum vide order dated 19.1.1991 passed in Complaint No.114/91 directing the appellant M/s. Rajani Gas Company, Yavatmal to provide a gas connection to complainant Shri V. P. Jawalekar. It is the grievance of complainant that the order dated 19.1.1991 has not been complied with by the present appellant, inasmuch as no gas connection is supplied to the complainant. The appellant opposed the application on the ground that order dated 19.1.1991 was not legal. The District Forum, Yavatmal found that the present appellant was persistently defying the orders of District Forum and the penalty of Rs.5,000/- was imposed on the appellant u/sec.27 of the C. P. Act.

(2.) We have heard Shri Rane, Advocate for the appellant. The respondent was absent.

(3.) Shri Rane submitted that the first order dated 19.1.1991 passed by the District Forum in C. No.114/91 was without jurisdiction. Therefore, his client is not obliged to obey that order. We are not impressed by this argument of Shri Rane for the simple reason that if the said order dated 19.1.91 was illegal then it was open for the present appellant to challenge that order in Appeal before this Commission. Admittedly the same order dated 19.1.91 has not been challenged by the appellant. In our view, that order has become final by virtue of Sec.24 of the Consumer Protection Act. Under the scheme of the Consumer Protection Act, every order of a District Forum shall be final if no appeal has been preferred against such order. In the instant case, in our view, the order passed in Complaint No.114/91 dated 19.1.91 having become final, it is not open to the appellant to make grievance about its legality of otherwise.