ARYAN LIFESTYLES PVT. LTD Vs. SAMEER NAYYAR

JUDGEMENT

(1.) The appeal is listed for final hearing. No one appears for the respondents despite service. We do not see any good reason to delay the hearing any further and deem it appropriate to decide the matter on its merits. We have heard the learned counsel for the appellant and have perused the record.

(2.) The case was filed as a revision petition under sec. 21(b) of The Consumer Protection Act, 1986 against interlocutory Orders dtd. 18/1/2018 and dtd. 29/1/2019 of the State Commission in complaint no. 2070 of 2017. In the hearing before a co-ordinate bench of this Commission on 20/5/2019 the matter was ordered to be treated as an appeal under sec. 19 of the Act 1986. On the statement made by the learned counsel for the appellant the challenge to the Order dtd. 18/1/2018 was dropped and the appeal was confined to the Order dtd. 29/1/2019 alone.

(3.) The statement is recorded and the present Appeal is confined to the order dtd. 29/1/2019 passed by the State Commission. The submission is that the judgement of the Hon'ble Supreme Court in Civil Appeal No.10941-10942 of 2013 - New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. - decided on 4/12/2015, does not relate to the provisions of the Consumer Protection Act, 1986 and it relates to some other statutory provisions. According to the learned Counsel for the Appellant, the observations made by the Hon'ble Supreme Court in Civil Appeal No.2990/2017 (D.No.2365/2017) - Reliance General Insurance Co. Ltd. and Anr. vs. M/s Mampee Timbers and Hardwares Pvt. Ltd. and Anr. -decided on 10/2/2017, shall apply in the present case.