High CourtsSingle Bench(1997) 12 MAD CK 0080

D. Roja and 7 others vs Commissioner, Corporation of Madras, Madras-3 and others

Madras High Court · Decided on 9 December 1997 · Citation: (1998) 1 CTC 338

HON’BLE JUDGES
S. S. Subramani, J
RESULT
Dismissed
CASE NUMBER
C.R.P.No. 2032 of 1997

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Judgment

9 paragraphs · 185 words

S. S. Subramani, J.—When the matter came up for arguments, it was represented by the respondents that statutory revision lies against the

impugned order u/s 21(b) of the Consumer Protection Act 1986.

2.

It is seen that the compensation is awarded by the District Forum against which an appeal was filed by the respondents herein. The State

Consumer Forum allowed the appeal on the ground that the complainants are not the consumers and therefore, dismissed the complaint. That

order is challenged in this civil revision petition under Article 227 of the Constitution of India.

3.

It is settled law that the powers under Article 227 of the Constitution of India should not be invoked if there is an effective alternative remedy.

When the National Forum is given such power, it is better the petitioners invoked the statutory remedy. Office is directed to return the original

papers filed along with the revision so as to enable the petitioners to file a revision before the National Forum. Petitioners are given three weeks

time for the said purpose. The civil revision petition is rejected as above. No costs.