NEW SETHI FURNITURE vs JASWINDER KAUR

THE impugned order dated 10.3.2004 passed by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No. 557 of 2002 filed by Mrs. Jaswinder Kaur against M/s. Classic Furniture and New Sethi Furniture, the appellant, is under challenge in this appeal only on an apprehension arising from the certain observations made by the District Forum in the impugned judgment and order.

IN the operative part of the impugned judgment and order, no liability has been fastened on the appellant/O.P. No. 2. The operative part of the order passed by the District Forum reads as under: "Consequently, the complainant is directed to return the remaining items of teak furniture namely sofa set, bed box and centre table to the O.P.-1 and they (O.P.-1) are directed to return Rs. 19,650/- to the complainant with interest @ 6% per annum w.e.f. 1.1.2000 till payment along with Rs. 1,000/- as costs of litigation. This order be complied with by the O.P. within two months from the date of receipt of its certified copy."

Section 15 of the Consumer Protection Act, 1986 (for short hereinafter referred to as the Consumer Protection Act) enables a person aggrieved by an order made by the District Forum to file an appeal against such order. Since the O.P. No. 2 has not been fastened with any liability, hence, he cannot be said to be a person aggrieved by the impugned order and, therefore, he is not a person who can be said to be competent to file this appeal against the impugned order. Suffice it to say that Section 15 of the Consumer Protection Act does not enable any person to file an appeal against any observations made or finding recorded in the impugned order.

After analysing the evidence on record, the District Forum fastened the liability on O.P. No. 1 alone and issued no directions insofar as O.P. No. 2 is concerned. In this view of the matter, this appeal is clearly misconceived and not maintainable and is dismissed accordingly. Copies of this order be sent to the parties free of charge. Appeal dismissed.