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| DB dismisses LPA filed by Doctor with cost, directs to lodge complaint against Doctor | | Record fudging: | | Jammu, May 2: Division Bench (DB) of the J&K High Court comprising of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur in a significant order has dismissed the appeal filed by one Dr Vipan Banotra against Abdul Shubam of Poonch with costs of Rs 5000/-. The approved for reporting judgment written by Justice Dhiraj Singh Thakur for the Division Bench, after hearing Adv Aditya Sharma for the appellant whereas Adv Assem Sawheny for the respondent , held the Appeal as not maintainable and dismissed it with costs of Rs 5000 to be deposited in the Advocates Welfare Fund.
Division bench observed in the present case, the order passed by the Commission, authorizing an official of the State Commission to lodge a complaint before a competent Magistrate cannot be deemed to be an order deciding a consumer dispute within the meaning of the Consumer Protection Act. It added that an appeal in terms of Section 17 envisages a decision on a consumer dispute providing for a forum of appeal to either the complainant in case his complaint is dismissed or to the respondent in case the same is allowed. Court observed in the present case, however, the order impugned is only an authorization granted to an official of the Commission to file a complaint before the competent Magistrate and cannot be said to be an order against which an appeal at all lies in terms of Section 17 of the Act. Not only this, by virtue of judgment and order dtd 14/3/2013 passed, this court had granted liberty to the Commission to lodge a complaint either itself or by an authorized officer.
The previous judgment and order having been challenged by the appellant herein had attained finality, court said and added, "what was done by the Commission was, in fact, in furtherance of the liberty granted to the Commission to lodge a complaint and in doing so, the Commission cannot be said to have committed any illegality." With these observations mentioned hereinabove, the appeal is held to be not maintainable and is accordingly dismissed with cost of Rs. 5,000/- to be deposited in the Advocates' Welfare Fund." It may be mentioned that Dr Vipan Banotra s/o Late Sh Niku Ram of Mohalla Kama Khan, W- 7 Poonch -the appellant filed an appeal against the order dated 04.02.2015 passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission, Jammu wherein the Commission had authorized one official of the Commission to file a complaint against the said appellant before the competent Magistrate for having committed perjury and fabrication of records. It was alleged that on account of the negligence of the Doctor-respondent herein, the complainant being the only bread winner of the family was forced to lead his life as a cripple and that his defendants had become destitute. JNF |
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