High Court of Judicature at Allahabad
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A.D.A. & Another v. Distt. Consumer Disputes Redressal Foorum & Others - WRIT - C No. 302 of 1998  RD-AH 11774 (12 July 2007)
Court No. 10
CIVIL MISC. WRIT PETITION NO. 302 OF 1998.
Allahabad Development Authority,
Allahabad and another ...Petitioners.
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.
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