SHARDA D KAMBLE Vs. SHANTI KUMAR CHIVADE

JUDGEMENT

(1.) BEING aggrieved and dissatisfied by the Judgement and Order dated 18.3.05 passed by the State Consumer Disputes Redressal Commission, Maharashtra in Miscellaneous Application No.1571 of 2004, dismissing the Review Application against the Order dated 8.7.2004 in Complaint No. 70 / 2000, the Original Complainant has filed this Appeal. By order dated 8.7.04, the State Commission dismissed the complaint on the ground that the complainants have not filed any affidavit in support of her pleadings. For this purpose, reliance was placed on the decision rendered by the Apex Court in the case of Lata Construction and Others Vs. Dr. Rameshchandra Ramniklal Shah and another in Civil Appeal No. 2418 of 1996 decided on 12.8.1999 [1986-2002 Consumer 6211 (NS)]. Ld. Counsel appearing on behalf of the Respondent vehemently contended that there is also delay in filing this Appeal and hence, Appeal requires to be dismissed. He further contended that original order passed by the State Commission is in conformity with the decision of the Apex Court.

(2.) AS against this, Ld. Counsel appearing on behalf of the Appellant submitted that the State Commission has ignored the entire spirit of the Consumer Protection Act, 1986. It is his contention that complaint was filed alleging medical negligence on the part of the Medical Practitioner for treating her husband, who died leaving behind the Complainant, her widow and a young daughter. He pointed out that Complainant is totally illiterate and she had placed only thumb-mark on the Complaint as wall as on the Memo of Appeal. It is his contention that with a specific purpose of equitable justice, Parliament has not made Civil Procedure Code applicable to the proceedings before Consumer Fora.

(3.) THE Consumer Protection Act, 1986 has been enacted to provide for better protection of the interests of the consumers by making provisions for the establishment of consumer councils, other authorities for the settlement of Consumer disputes and for matter connected therewith. The Act was enacted as a result of wide spread consumer protection movement. On the basis of the report of the Secretary General on Consumer Protection dated 27th May, 1983, the United Nations Economic and Social Council recommended that the world governments should develop, strengthen and implement a coherent consumer protection policy taking into consideration the guidelines set out therein. The reference to the consumer movement and the international obligations for protection of the rights of the consumer, provision has been made herein with the object of interpreting the relevant law in a rational manner and for achieving the objective set forth in the Act. Rational approach and not a technical approach is the mandate of law. It is also to be stated that apart from it, various other Judgements of the Apex Court have highlighted the purpose and object of enactment of the Consumer Protection Act.