This present First Appeal Case No. 7 of 2022 is directed against the order dated 23.09.2022 passed in Misc. Case No. 8 of 2022 in Complaint Case No. 14 of 2022 of the District Consumer Disputes Redressal Commission, Imphal wherein it is ordered that

“Mr. Dijendralal, Ld. Counsel for the Complainant submits that under instruction he may be allowed to withdraw the replication and application filed under order XXII Rule IV, CPC.

Miss Karishma, Ld. Counsel for Opposite Party No.1 and 3 is present and has objection to the withdrawal.

Prayer is allowed with liberty to file a fresh if so advise if permitted by law.

This Misc. Case is disposed of.”

2.         In the above First Appeal, the Commission stayed the operation of the impugned order dated 23.09.2022 until further order and fixed for admission hearing on 24.10.2022. Thereafter, the case had been put up on 7.11.2022, 16.11.2022 and 25.11.2022. The arguments in respect of admissibility of the Appeal was heard on 2.12.2022.

3.         On perusal of the relevant records, it is found that the present First Appeal was filed by and in the name of the representatives of the Appellant (O.P. in the Consumer Complaint before the District Commission Imphal) which is not permissible as they are different from each other. In other words, the present appellant should have been the Opposite Party i.e. Qatello Private Limited, 227-L, Shop No. 17, Palace Compound Mahaballi Mamang, near Macha Leima School, Imphal East District, Manipur-795005 (Represented by its Directors).

Therefore, we found defect of party in the present First Appeal and for which the same requires to be rejected.

4.         The First Appeal is directed against an order passed in Misc. Case wherein the consumer dispute has been pending before the Ld. District Commission. In other words, the order being challenged is not a final order disposing the consumer dispute. The present First Appeal cannot be entertained on the ground that the order impugned therein is not a final order of the consumer dispute. The impugned order is passed in a Misc. Case and hence the same should have been challenged by a Revision Petition as provided under Section 47(1)(b):-

“(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.”

5.         On considering the above facts and provisions of the Consumer Protection Act, 2019 and Rules thereof we are of the considered view that present First Appeal cannot be admitted as the same suffer from defect of party and lack of appellate jurisdiction. Hence, the present First Appeal is rejected.

6.         The order dated 5.10.2022 passed by this Commission staying the operation of the impugned order stands vacated.

7.         Pronounce in the open court.

8.         Let a copy of this order be provided to all the parties free of cost. The order be also uploaded forthwith on the website of the Commission for perusal of the parties.

9.         The Registry is directed to return all the original records of the District

Consumer Disputes Redressal Commission, Imphal along with a copy of this order.

10.       File be consigned in record room along with a copy of this order.