Heard Adv.Shukla for the Appellant. None for the Respondent.
Respondent is not necessary because at the stage of admission itself we are
disposing of this appeal. This appeal has been filed U/s 27 (A) of the Consumer
Protection Act,1986. In our view, appeal U/s 27 (A) of the Consumer Protection
Act,1986 can be filed only against the order of sentence passed by the District
Forum after full trial held U/s 27 of the Consumer Protection Act,1986. So, we
examined the impugned order annexed at Annexure “D”. Impugned order is
nothing but framing of particulars to be done under summary procedure which is
required to be followed U/s 27(3) of the Consumer Protection Act,1986. Under
summary procedure, once the accused comes before the court, particulars are
required to be explained. The same has been done by the District Forum when
the appellant appeared before them in the pending trial. Now, framing of
particulars of offence is done owing the non compliance of the award passed by
the District Forum in CC No.198/09. It is not the case of the appellant that
something more or something extra has been mentioned in the particulars of
offence. Particulars of offence have been properly explained strictly in terms of
award passed by the District Forum and, therefore, considered from any angle,
the appeal at this stage is liable to be dismissed. We are finding no substance in
the appeal.
Hence the order…
Draft
ORDER
1) Appeal is dismissed.
2) No order as to cost.
3) Inform the parties accordingly.
Delivered on 14/07/2011.