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Judgment
Dr. Inder Jit Singh, Presiding Member
The present First Appeal (FA) has been filed by the Appellants against Respondents as detailed above, under section 51(1) of Consumer Protection Act, 2019, against the Interim Orders dated 02.03.2023 and 27.04.2023 passed by the State Consumer Disputes Redressal Commission, U.P., Lucknow (hereinafter referred to as the ‘State Commission’), in Complaint Case No.15 of 2021, inter alia praying for setting aside the impugned orders dated 02.03.2023 and 27.04.2023 and granting ex-parte stay on the operation of the impugned orders and dismissing the Complaint Case No. 15 of 2021 filed by the Respondents.
The Appellants were the OPs whereas the Respondents were Complainants in the CC/15/2021 before the State Commission. Appellants challenged the order dated 08.03.2022 of the State Commission and this Commission vide order dated 05.08.2022 allowed the First Appeal No. 200/2022, the operative portion of which is reproduced below:-
"In view of the aforesaid discussion, this is not a fit case for granting permission under Section 35 (1) (c) of the Act. The State Commission erred in allowing the application under Section 35 (1) (c) of the Act. The First Appeal is accordingly allowed, impugned order is set aside and the application under Section 35 (1) (c) of the Act is dismissed."
Thereafter, Respondent Nos. 2 to 5 (Complainants 2 to 5 in the Consumer Complaint) filed an Application before the State Commission to withdraw their case, which was allowed vide impugned order dated 02.03.2023 with liberty to file a fresh complaint in the competent court. It was also stated in this order that thereafter the complainant should submit an application within 7 working days to delete only complainant No. 2 to 5 and prayer made against them from the complaint. Subsequently vide impugned order dated 27.04.2023, after hearing counsel for the parties in detail, the judgment has been reserved by the State Commission.
During the hearing on 08.05.2023, the counsel for the Appellant confirmed that the judgment is yet to be pronounced by the State Commission.
We have carefully gone through the Appeal Petition, the impugned orders, earlier orders of this Commission and all other relevant case records. We do not find that the said impugned orders are in any way contrary to the orders dated 05.08.2022 passed by this Commission or provisions of Consumer Protection Act, as alleged. As the State Commission is yet to pronounce the judgment, Appeal is pre-mature.
We find no illegality or infirmity in the order of the State Commission. The Appeal lacks merits and is accordingly dismissed. The Appellant will be at liberty to approach this Commission as and when the order is pronounced by the State Commission, if he is aggrieved by such order.
The pending IAs in the case, if any, also stand disposed off.