05.04.2024:

COMMON ORDER IN APPEAL NOS.697 TO 700 OF 2024

BY MR. K.B SANGANNANAVAR, JUDICIAL MEMBER

01. These appeals are filed under section 41 of the Consumer Protection Act, 2019 aggrieved by the order dated: 30.09.2023 passed in CC Nos.152 to 155/2022 respectively on the file of District Consumer Disputes Redressal Commission, Bagalkot.

02. These appeals are set to hear on admission, hence we examined the impugned orders passed in the respective complainant cases, grounds of appeal, the appeal papers and heard the Learned Counsel for Appellant, thereby found satisfied to dispense with issuance of notice of this Appeal to be served on Respondents keeping in mind the object of Consumer Laws and also to avoid further delay.

03.   Learned Counsel for Appellant submits that, the District Commission ordered to dismiss, all the complaints only  the ground that, one Mr. Abdul Rehiman, S/o. Kashimsab Bhagawan, was not made as a party to the respective complaints and without whom the complaints are liable to be dismissed.  It is therefore in our view even without further requirement of appreciation of the impugned orders passed by the District Commission, it would be just and proper to remand back all these matters to the District Commission, to allow respective complainant to implead Mr. Abdul Rehiman, S/o. Kashimsab Bhagawan, by filing IAs, since  he is shown to be father in three cases and husband in one complaint case. In such view of the matter, we conclude summarily   proceed to allow the Appeal Nos.697 to 700 of 2024 respectively with no order as to costs. Consequently set aside the impugned order dated: 30.09.2023 passed in CC Nos.152 to 155/2022 respectively and as result directed the District Commission to re-admit all these complaints and permit respective complainant to implead Mr. Abdul Rehiman, S/o. Kashimsab Bhagawan, as one of the party and decide the Appeals in accordance with law. It is needless to say affording opportunity to both the parties and to decided in accordance with law as early as possible not later than 03 months from the date of receipt of the order.

04.   The original of this Appeal order shall be kept in A.No.697/2024 and a certified copy thereof shall be kept in Appeal Nos. 698 to 700/2024.

05.    Provide copy of this order to the concerned District Commission as well as to the parties to the Appeals.

                  Sd/-                                               Sd/-

         LADY MEMBER                   JUDICIAL MEMBER

KNMP*