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2025 DAILYLAW 166000 (ALL)

KUNAL KARDA v. THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION LKO. AND ANOTHER

A227/5902/2025 · 2025-10-07

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5902 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shivam Sharma, the learned counsel for the petitioner and perused the records. 2. Keeping in view the nature of reliefs sought and the order proposed to be passed, there is no need to issue notice to the opposite parties. 3. By means of the instant petition under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to District Consumer Disputes Redressal Commission, Lucknow to decide Complaint No.519 of 2024 at the earliest. 4, The aforesaid complaint was filed by the petitioner on 18.11.2024 and thereafter the matter could not be proceeded with any further because of want of coram. The complaint was taken up on 10.07.2025, on which date the parties were absent and the next date has been fixed for 25.11.2025 for filing written statement. 5. The learned counsel for the petitioner has drawn attention of the Court to the statement of objects and reasons of Consumer Protection Act, 2019, which states that it is an act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected with or incidental thereto. 6. Sri Sharma has relied on Section 38(7) of Consumer Protection Act, 2019, which provides as under: "Section 38 (7): Every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period Versus Counsel for Petitioner(s) : Shivam Sharma Counsel for Respondent(s) : Kunal Karda .....Petitioner(s) The District Consumer Disputes Redressal Commission Lko. And Another .....Respondent(s) of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities: Provided that no adjournment shall ordinarily be granted by the District Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission: Provided further that the District Commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations:" 7. Keeping in view the aforesaid submission, the instant petition is disposed of by issuing a direction to the District Consumer Disputes Redressal Commission (I), Lucknow to proceed with Complaint No.519 of 2024 in accordance with law expeditiously and to make every endeavour to decide the same by denying unnecessary adjournments to any of the parties keeping in view the aforesaid statutory mandate contained in Section 38 (7) of the Act. . October 7, 2025 Ram. A227 No. 5902 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench