Patna High CourtCWJC/8974/2016disposed

Nagendra Kumar Singh v. The State Consumer Disputes Redressal Commission And ORS

2016-07-12Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8974 of 2016 ====================================================== Nagendra Kumar Singh son of Late Suraj Prasad Singh resident of village Dumaria, P.O- Chandanpur, P.S.- Kurshaila, District- Katihar. .... .... Petitioner/s

Versus

1. The State Consumer Disputes Redressal Commission, Bihar, Patna through the Registrar.

2. The Chairman, State Consumer Disputes Redressal Commission, Bihar, Patna.

3. The Registrar State Consumer Disputes Redressal Commission, Bihar, Patna.

4. The District Consumer Forum, Katihar, through its member.

5. The President District Consumer Forum, Katihar.

6. The Member District Consumer Forum, Katihar.

7. The Branch Manager, State Bank of India, Kurshaila, Branch Code2967, District- Katihar.

8. M/s Aror Auto and Vaishali Engineering Work Shop, N.H. 31, Purnea. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Surya Kant Mishra, Advocate For the S.B.I. : Mr. Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-07-2016 None appears on behalf of the petitioner nor there is any representation on behalf of the State.

Mr. K.K. Sinha appears on behalf of the State Bank of India.

The writ petition is directed against the order passed by the State Consumer Disputes Redressal Commission, Patna in Appeal Case No. 247 of 2007 whereby the appeal of the petitioner filed against the order of the District Forum, Katihar in Complaint Case No. 184 of 2006 has been dismissed.

Patna High Court CWJC No.8974 of 2016 (2) dt.12-07-2016 Mr. K.K. Sinha while questioning the maintainability of the writ petition submits that there is statutory remedy of appeal available to the petitioner under Section 19 of the Consumer Protection Act, 1986 which lies before the National Commission. In view of the statutory remedy so available to the petitioner under Section 19 of the Consumer Protection Act, the writ petition is held not maintainable and is disposed of with liberty to the petitioner to take recourse to such statutory remedy so available to him, if so advised.

(Jyoti Saran, J) S.Sb/- U