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2025 DAILYLAW 163852 (ALL)

KTL PVT. LTD. THRU. BRANCH MANAGER KANPUR v. HARI SINGH AND 2 OTHERS

WRIC/8886/2025 · 2025-09-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8886 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed challenging an order dated 25.08.2025 whereby, the revision preferred by the petitioner under Section 47(1)(b) of the Consumer Protection Act was dismissed as not maintainable. 3. The facts in brief are that a complaint was made against the petitioner, which led to passing of an award by the District Consumer Forum on 06.05.2024. On wrong legal advice instead of preferring an appeal under Section 41, a revision was preferred under Section 47(1)(b) and the same was dismissed vide order dated 25.08.2025. 4. The submission of the Counsel for the petitioner is that the petitioner ought to have been given the liberty to convert the pending revision into appeal. The petitioner is still ready and willing to convert the revision into appeal, to save the limitation. 5. In view thereof, in exercise of power under Article 227 of the Constitution of India, the order dated 25.08.2025 is set aside. The writ petition is allowed. 6. The petitioner is permitted to approach the State Consumer Forum along with an application seeking conversion of the pending Revision No.65 of 2024 into an appeal as prescribed under Section 41. Versus Counsel for Petitioner(s) : Piyush Mani Tripathi, Sameeksha Chadha Counsel for Respondent(s) : Ktl Pvt. Ltd. Thru. Branch Manager Kanpur .....Petitioner(s) Hari Singh And 2 Others .....Respondent(s) 7. In case, such an application is filed, the revision shall be converted into an appeal and subject to appeal being maintainable otherwise, the appeal shall be heard and disposed off on merits and in accordance with law. September 10, 2025 akverma WRIC No. 8886 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench