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Judgment
Karuna Nand Bajpayee, Presiding Member
This revision petition has been filed under Section 58(1)(b) of The Consumer Protection Act, 2019 in challenge to the Order dated 09.02.2023 of the State Commission in First Appeal No. 229 of 2023 arising out of the Order dated 11.01.2023 of the District Commission in Consumer Complaint No. 144 of 2022.
The sole submission made by the learned counsel for the petitioner is that though the appeal has been filed in the State Commission but the compliance of Section 41 of the Consumer Protection Act, 2019 has not been made, yet the appeal has been entertained. Submission is that since there is omission to comply with the statutory requirement of the law, the impugned Order is bad and ought to be quashed on that ground alone.
Learned counsel appearing for the respondent has been fair enough not to dispute the fact and submitted that this is only an omission and the respondent may be given some time to comply with the statutory requirement which it shall do without fail and the interim order may be allowed to continue or otherwise it is likely to irreparably damage the interest of the respondent.
Perused the record in the light of the submissions made by the learned counsel for both the sides.
In view of the admitted position about the statutory omission and the readiness of the respondent to comply with the statutory obligation, the instant Petition stands disposed of with the direction to the respondent to comply with the requirement of Section 41 of the Consumer Protection Act, 2019 within four weeks from today without fail.
The Registry is requested to send a copy each of this Order to the parties in the petition, to their learned respective learned counsel and to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.