DARSHAN LAL JAIN vs Vice-Chairman, DDA

WE have heard the appellant at length on the question of admission of the present appeal and have also carefully gone through the documents/material on record. During the course of arguments, it is contended by the appellant that he is a senior citizen and a heart patient and, therefore, a direction be issued to the District Forum to dispose of the complaint filed by him, under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act'') and fixed for 7.3.2002, on priority i.e. at an early date. Insofar as the above grievance of the appellant is concerned, the position is that as per the statutory provisions, contained in the Act an appeal under Section 15 of the Act can only be filed against an order passed by the District Forum under Section 14 of the Act and, as such, the present appeal, filed by the appellant, with the above grievance is not maintainable. The present petition, filed by the appellant, cannot also be treated as a petition under Section 17(b) of the Act, because of the limited scope of Section 17(b) of the Act.

IN view of the position explained above the present appeal, filed by the appellant, is disposed of with the observations that the appellant, if so advised, may move an appropriate application before the concerned District Forum for early disposal of his complaint stated to be pending before the District Forum. Since the appellant is a Senior citizen we hope that such an application, if filed, shall be considered with due sympathy by the concerned District Forum. The present appeal, filed by the appellant, stands disposed of in above terms. A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal dismissed.