Alternate Remedy
Thyagarajan
(Querist) 06 July 2011
This query is : Resolved
DeAR Members,
A petition was rejected by the District Forum on grounds that neither the petitioner is a consumer nor the opposite party is a service provider with in the meaning of the Consumer Protection Act. The litigant took the normal remedy of the first step in hierarchy of appeal as per the Act namely to approach the State Forum in spite of the fact he was sure that the District Forum had exercised his powers with out jurisdiction vested on him by the Act to exclude the opposite party from the group of service providers and the petitioner from that of consumers. In such cases the petitioner found from a citation of Apex Court that when the District Forum has no authority to invoke the jurisdiction under the Consumer Protection Act but acted wrongly , the High Court can exercise its jurisdiction under Article 227 of the Constitution of India and interfere when approached and also when the Act itself is not applicable,directing the parties to file appeals or revisions to the authorities created under the said Act will be a futile exercise because even the appellate authority will not have jurisdiction to pass any order when the Act is not applicable.
In view of above can the petitioner file a writ under article 227 before high court withdrawing case in State Forum
Gulshan Tanwar
(Expert) 07 July 2011
Whether the writ under 227 will meet the targets?
