MARIA FRANCIS AJIJIA Vs. REVEREND FATHER R RATCHAGAR

JUDGEMENT

(1.) THERE is no appearance on behalf of the appellant when the case is called for hearing but the appellant has submitted certain written arguments which we have carefully gone through. This appeal has been preferred after a delay of 62 days. Though an application for condonation of delay has been filed, it does not furnish any valid or satisfactory explanation for the long delay. The prayer for condonation of delay is rejected and this appeal is accordingly dismissed on the ground of its being time barred. Mr. Y. Krishan, Member

(2.) I agree. I may add that this is not a consumer dispute. As pointed out by the State Commission in its order, the substance of the complainant's claim is that the death of her son was caused by the Opposite Party and persons connected with him. The State Commission, therefore, rightly observed that this was a criminal complaint alleging offence of murder or culpable homicide not amounting to murder and to be decided by the Criminal Court. The Commission, therefore, held that the Forums constituted under the Consumer Protection Act have no jurisdiction to entertain such complaints. I am mentioning his because there is a growing tendency to misuse the provisions of the Consumer Protection Act.