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2025 DAILYLAW 16195 (UTT)

RAKHI MAHENDRA v. STATE CONSUMER DESPUTES REDRESSAL COMMISSION UTTARAKHAND

WPMS/698/2025 · 2025-11-17

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

` SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.698 of 2025 Hon’ble Pankaj Purohit, J. Mr. Deep Chandra Joshi, Advocate for the petitioner. 2. This writ petition is directed against judgment and order dated 30.09.2024 passed by the State Consumer Redressal Forum in Consumer Complaint No.14 of 2012, Rakhi Mahendra Vs. M/s Subhash Traders and Contractors, whereby the complaint moved by the petitioner has been rejected by the State Consumer Redressal Forum. 3. On perusal of the provision of Section 19 of Consumer Protection Act, 1986, it is reflected that an appeal is provided to the consumer against the order passed by the State Commission to the National Commission within a period of 30 days from the date of the order. 4. Section 19 of Consumer Protection Act, 1986, is quoted hereinbelow:- “19. Appeals.–Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of Section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. [Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent of the amount or rupees thirty-five thousand, whichever is less.]” 2 5. Instead of filing the writ petition, the petitioner should have approached the National Commission as the complaint filed by the petitioner falls within the provision of Section 17 (a)(i) of the Consumer Protection Act, 1986. 6. In such view of the matter, the writ petition is dismissed; however needless to say that the petitioner may avail the remedy of appeal available to her under provision of Consumer Protection Act, 1986. (Pankaj Purohit, J.) 17.11.2025 SK