High CourtsSingle Bench(2022) 05 MEG CK 0056

Bhaskar Jyoti Goswami vs President/Managing Director Ford India Pvt. Ltd. & Ors

Meghalaya High Court · Decided on 20 May 2022

HON’BLE JUDGES
H. S. Thangkhiew, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 13 Of 2022

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Judgment

7 paragraphs · 270 words

H. S. Thangkhiew, J

1.

This application under Article 227 of the Constitution is against the order dated 11.05.2022 passed by the District Consumer Disputes Redressal Commission, East Khasi Hills Shillong in Complaint Case No. 4 of 2021.

2.

The petitioner’s case is that, though appeal lies before the State Commission as per provision of Section 15 of The Consumer Protection Act, 1986, but as the said Commission is due to sit only after 25.05.2022 the petitioner is compelled to approach this Court by way of the instant application.

3.

The learned counsel for the petitioner submits that the urgency is due to the fact that by the impugned order the petitioner has been directed to return the vehicle to the opposite party on 20.05.2022 i.e. today.

4.

This Court has not gone into the merits of the matter nor examined the correctness of the impugned order, but suffice it to say that in such matters as per the provision of the Consumer Protection Act, appeal against any order of the District Forum, lies before the State Commission, unless there is glaring perversity in the order. As such, no interference is called for.

5.

As the learned counsel for the petitioner has firstly submitted that the appeal is ready and the same will be filed before the State Commission on 25.05.2022, though this Court is not entertaining this petition, the petitioner is at liberty to make this prayer before the District Consumer Disputes Redressal Commission for keeping the impugned order in abeyance, till the appeal is taken on board by the State Commission.

6.

The matter is accordingly disposed of.