Over 2 lakh Indian cases. Search powered by Google!

Case Details

A.D.A. & ANOTHER versus DISTT. CONSUMER DISPUTES REDRESSAL FOORUM & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


A.D.A. & Another v. Distt. Consumer Disputes Redressal Foorum & Others - WRIT - C No. 302 of 1998 [2007] RD-AH 11774 (12 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 10

CIVIL MISC. WRIT PETITION NO. 302 OF 1998.

Allahabad Development Authority,

Allahabad  and another                                                       ...Petitioners.

Versus

District Consumer and Disputes Redressal Forum,

Allahabad and others                                                    ....Respondents.

..........................

Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

Petitioner by means of this writ petition has challenged an order passed by the District Consumer Forum, Allahabad under the provisions of The Consumer Protection Act, 1986 (hereinafter referred to as the 'Act'). This order has been passed for the execution of an order of the District Forum directing the petitioner to pay the interest for certain period. Petitioners have categorically stated in para 8 of the writ petition that they have filed an appeal before the State Forum as contemplated under Section 15 of the Act and in para 17 of the writ petition it has been stated that the same is pending. Since the petitioner is already pursuing his remedy of appeal under Section 15 of the Act, we do not find it to be a fit case for interference under Article 226 of the Constitution of India.

In this view of the matter, this writ petition is dismissed.

Learned counsel for the petitioner submitted that unless an order passed by the Forum attains finality as contemplated under Section 24 of the Act, the same cannot be executed. For ready reference, Section 24 of the Act is reproduced below:

"24. Finality of orders.__Every order of a District Forum, the State Commissioner or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final."

We have gone through the submission of counsel for the petitioner and given considered thoughts and we do not find any such reading as is submitted by counsel for the petitioner by reading Section 24 of the Act.

Interim order, if any, stands vacated.

Dated: 12.7.2007.

HR


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.