This appeal has been filed questioning the correctness of the order of SCDRC Jammu & Kashmir dated 24.11.2023. Notices were issued on the Delay Condonation Application and an interim order was granted on 22.03.2024.

          The statutory deposit of Rs.35,000/- has been made by the Appellant while filing this appeal.

          Under the terms of the interim order an amount of Rs.20,20,000/- has also been deposited before the State Commission.

          Mr. Sameer Khan has appeared on behalf of the Respondent and has raised a preliminary objection with regard to the maintainability of the appeal.

          Since there is a delay of 78 days in the filing of the appeal we are inclined to accept the cause shown for the delay in the filing of the appeal  and also keeping in view the submissions that have been advanced on the maintainability of the appeal itself. Accordingly, the Delay Condonation Application IA/3918/2024 is allowed and the appeal is treated to be within time.

          Learned Counsel for the Respondent relying on the order passed by this Commission on 10.07.2024 in FA/63/2024 has urged that in view of the law discussed therein the present appeal would not be maintainable before this Commission and that the appellant would have to approach the High Court of Jammu & Kashmir keeping in view the provisions contained in the 5^th Schedule read with Section 95 of the Jammu & Kashmir Reorganisation Act, 2019. The submission is that the earlier Consumer Protection Act of 1986 continues to apply by virtue of the existing provisions of item no.13  of Table 1 of the 5^th Schedule of the Jammu & Kashmir Act and since no amendment to the same has been brought about in the Reorganisation Act, the appeal against an order of the State Commission will continue to lie before the High Court of Jammu & Kashmir.

          Having considered the submissions raised and in view the ratio of the order dated 10.07.2024 in FA/63/2024, this appeal is also consigned with liberty to the Appellant to approach the High Court of Jammu & Kashmir against the impugned order.

          Since the statutory deposit of Rs.35,000/- has been made before this Commission, the same shall be refunded to the Appellant as the deposit may be required to be made in the event the appeal is filed before the High Court. The Registry shall do so within a week.

          So far as the amount deposited under the interim orders dated 22.03.2024 quoted hereinabove is concerned, the same shall continue to be deposited with the State Commission and shall be subject to any further orders that may be passed by the High Court. The appeal stands disposed of accordingly.